GENERAL TERMS AND CONDITIONS ONLINE SHOP

Last updated: November 08, 2024

§ 1 Scope and provider

1. These General Terms and Conditions apply to all orders that you place in the online shop of NSW - NEW SALES WAY GmbH.
2. The range of goods in our online shop is aimed exclusively at buyers who are 18 years of age or older.
3. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is hereby rejected.
4. The contract language is German and English. Only the German version of this contract shall be legally binding, the English translation - as well as translations of the contract text in other languages ​​- serves information purposes only.
5. You can access and print out the currently valid general terms and conditions on the website https://www.newsalesway.shop/impressum.

§ 2 Conclusion of contract

1. The presentation of goods in the online shop does not constitute a binding request to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
2. By clicking the button [“Order now and pay” or “Buy” or “pay”] you are making a binding offer. Immediately before placing this order, you can check the order again and correct it if necessary.
3. The contract is only concluded when the content is activated, a link is provided or the goods are dispatched.

§ 3 Terms of payment; delay

1. Payment can be made either by credit card, eps or invoice.
2. The selection of the available payment methods is our responsibility. In particular, we reserve the right to only offer you selected payment methods for payment, for example only advance payment to protect our credit risk.
3. When paying by credit card, the purchase price is reserved on your credit card at the time of the order (authorization). The actual debit to your credit card account takes place at the time we ship the goods to you.
4. When paying with eps, you will be redirected to the website of a payment service provider during the ordering process. If you select the eps transfer payment option in the web shop, you will be redirected to a central list of participating Austrian banks. After selecting your bank, you will be connected to the login of your corresponding online banking. After registering, you make the payment as usual via online banking using a TAN signature - no further entries such as IBAN, amount or merchant are required. You will then receive an electronic order confirmation.
5. If you pay by direct debit, you may have to bear the costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrect bank details provided by you.
6. If you are late with a payment, you will be liable to pay statutory default interest of 4 (four) percentage points (if you are a consumer within the meaning of the Consumer Protection Act) or 9.2 (nine-point-two) percentage points above the base interest rate obliged. For each reminder letter sent to you after the default has occurred, you will be charged a reminder fee of EUR 10.00 (ten) euros, unless lower or higher damages can be proven in individual cases.

§ 4 Offsetting/Right of retention

1. You are only entitled to a right of offsetting if your counterclaim has been legally established, is not disputed or recognized by us, or is in a close synallagmatic relationship to our claim. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 5 Prices, packaging and shipping

1. The current prices on the homepage or web shop apply on the day of delivery and service. The prices are generally not to be understood as flat rates. The agreed prices apply from our warehouse, including statutory sales tax, but excluding the respective shipping costs.
   VAT is calculated at the rate applicable on the day of delivery. Packaging, transport, loading and shipping costs as well as customs and insurance are borne by the customer.
   Handing over the goods to a freight forwarder or shipping company without a complaint is considered confirmation that the packaging is in perfect condition when our goods are sent. In the absence of specific instructions, the shipping method is selected to the best of our knowledge and belief and NSW - NEW SALES WAY GmbH reserves the right to choose the shipping method.

§ 6 Transfer of risk

1. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the goods are handed over to the freight forwarder or shipping company, but no later than when they leave the warehouse of NSW - NEW SALES WAY GmbH. If shipping is delayed due to the customer's fault, the risk of accidental loss and accidental deterioration of the goods is transferred at the time at which the service was agreed.

§ 7 Cancellation policy

1. In the event that you are a consumer within the meaning of the Austrian Consumer Protection Act (KschG), which means that you make the purchase for purposes that can predominantly not be attributed to your commercial or independent professional activity, you have a right of cancellation in accordance with the following provisions.

Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

Exercise of the right of cancellation
To exercise your right of cancellation, you must inform us of your decision to cancel this contract.
To inform us about the cancellation, you must use the following postal address or email address:
NSW - NEW SALES WAY GmbH
Postal address: Karl-Etzel-Weg 39, 8053 Graz.
Homepage: www.newsalesway.shop
E-mail: eshop.support[@]newsalesway.shop

You can use the attached sample cancellation form for this purpose, although this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 (fourteen) days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us or to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Sample cancellation form:
If you want to cancel the contract, please fill out this form and send it back.

§ 8 Warranty

1. If you are an entrepreneur within the meaning of the Consumer Protection Act (KSchG), the statutory provisions apply with the following modifications:
   1. Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
   2. You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later.
   3. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
   4. In the event of defects, we provide a warranty by improving or replacing them at our discretion. In the event of repairs, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

§ 9 User account

1. If you use a personal user account, you are responsible for protecting and keeping your access data confidential.
2. You are also responsible for restricting access to your computers and other relevant devices with which the user account can be used.
3. You are liable for all activities that are carried out using your user account or your access data.The NSW - NEW SALES WAY GmbH online shop is not intended for use by children.
4. If you are under 18 (eighteen) years of age, you may only use the NSW - NEW SALES WAY GmbH online shop together with a parent or legal guardian.
5. NSW - NEW SALES WAY GmbH reserves the right, at its own discretion, to refuse to provide services, terminate user accounts or delete or change content.

§ 10 Liability

1. We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are only liable for minor negligence in the event of damage resulting from injury to life, body or health. § 10 Data protection NSW - NEW SALES WAY GmbH only collects, uses and processes users' personal data in accordance with the statutory provisions. The following user data is collected during the ordering process, stored on data carriers and processed by NSW - NEW SALES WAY GmbH for the purpose of fulfilling the contract:

§ 11 Data protection

1. NSW - NEW SALES WAY GmbH only collects, uses and processes users' personal data in accordance with the statutory provisions.
   The following user data is collected during the ordering process, stored on data carriers and processed by NSW - NEW SALES WAY GmbH for the purpose of fulfilling the contract:
   
   

   Designation of the data	Description of the data	Use
   Identifier (user name)	Your chosen username	Access and identification in the eShop
   Password	Your chosen password
   First name	Your personal postal address and electronic contact details.	Creation of documents, receipts, shipping labels in connection with purchases and the shipping of goods, as well as for the fulfillment of legal requirements (e.g. accounting receipt storage, age verification and youth protection, national and regional residency in shipments) and the provision of customer service and support.
   Last name
   Title
   Academic degree
   Place of residence and address
   E-mail address
   Phone number
   Date of birth
   Gender
   IP address
   Usage behavior	Registration and deregistration in the eShop, products viewed and marketplaces visited within the webshop.	Statistical evaluations for marketing purposes and to identify and improve system and software performance.

   The customer hereby agrees that the above-mentioned data, as well as other information concerning him or her disclosed by the user to NSW - NEW SALES WAY GmbH during the contract processing, may be stored on data media and in a customer database and processed automatically by NSW - NEW SALES WAY GmbH for the purposes of providing the contractual services.

§ 12 Final Provisions

1. Should one or more provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
2. Contracts between us and you are subject exclusively to Austrian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which you habitually reside remain unaffected by the choice of law.
3. If you are an entrepreneur within the meaning of the Consumer Protection Act (KSchG), our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Copyright 2024, All rights reserved by: NSW - New Sales Way GmbH