Terms & Conditions,
Customer Information
1. General
a) Scope of Application
These terms and conditions apply to all business relationships via http://www.dwinguler-europe.com between Youngsan Handels GmbH, Donau-City-Straße 6/2/2, 1220 Vienna, Austria (hereinafter referred to as "dwinguler-europe.com") and its customers in the version valid at the time of the contract conclusion. Any conflicting terms and conditions of the customer are explicitly rejected.
b) Conclusion of the Contract
The purchase contract is concluded when the payment for the order is completed. For orders where the payment method "VPAY" is selected, the contract is concluded when the payment is received by dwinguler-europe.com. In the case of credit card payments, the contract is concluded when the transaction is successfully completed on the respective credit card provider's website.
2. Delivery
a) Partial Deliveries
dwinguler-europe.com is entitled to make partial deliveries if this is reasonable for the customer. In the case of partial deliveries, no additional shipping costs will be charged to the customer.
b) Delivery and Performance Delays
Delivery and performance delays due to force majeure and due to extraordinary and unforeseen events, which could not be prevented even with the utmost care by dwinguler-europe.com (including strikes, official orders, and incorrect or improper self-supply despite efforts to secure supplies), are not the responsibility of dwinguler-europe.com. These entitle dwinguler-europe.com to delay the delivery for the duration of the obstructing event.
c) Withdrawal
If the goods are unavailable due to the reasons mentioned above, dwinguler-europe.com may withdraw from the contract. dwinguler-europe.com commits to informing the customer immediately about the unavailability and refunding any payments already made.
d) Delay in Acceptance
If the customer delays the acceptance of the ordered goods, dwinguler-europe.com, after setting a reasonable additional period, is entitled to withdraw from the contract and claim damages for delay or non-performance. During the delay in acceptance, the customer bears the risk of accidental loss or accidental deterioration of the goods. This does not apply if the non-acceptance of the goods and the resulting return are classified as a withdrawal according to these terms and conditions.
e) Delivery Time
Unless otherwise explicitly agreed, delivery by dwinguler-europe.com is made within 10 days. The period for delivery begins on the day after the payment order is given to the transferring bank in the case of prepayment. The period ends on the tenth day thereafter. If the last day of the period falls on a Saturday, Sunday, or a public holiday at the delivery location, the period ends on the next working day.
3. Payment
a) Prices and Shipping Costs
All prices include VAT (UK 20%, Ireland 23%) and shipping costs within the EU.
b) Right of Retention
The customer may only assert a right of retention for counterclaims that are due and arise from the same legal relationship as the customer’s obligation.
4. Right of Withdrawal for Consumers in Distance Contracts
a) Withdrawal Instruction for Consumers in Distance Contracts
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, takes possession of the goods. To exercise your right of withdrawal, you must inform us (dwinguler-europe.com, Donau-City-Straße 6/2/2, 1220 Vienna, Austria, Email: playmat@youngsan.com) via a clear statement (e.g., a letter or email) about your decision to withdraw from the contract. To comply with the withdrawal period, it is sufficient to send the notification about the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you all payments we have received, including delivery costs (except for the additional costs that result from you choosing a different delivery method than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive the notification of your withdrawal from this contract. We will use the same payment method you used for the original transaction, unless expressly agreed otherwise. In no case will you be charged any fees for this reimbursement. We may refuse to refund until we have received the goods back or you have provided proof that you have sent back the goods, whichever is earlier. You must return the goods without undue delay and in any case no later than fourteen days from the day you notify us of the withdrawal from this contract. The period is considered observed if you send the goods back before the fourteen-day period expires. You will bear the direct costs of returning the goods. You are only required to pay for any loss in value of the goods if the loss in value is due to handling the goods that was not necessary for inspecting the nature, characteristics, and functioning of the goods.
– End of the Right of Withdrawal Instruction –
b) Right of Withdrawal for Separate Delivery of Multiple Goods
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, takes possession of the last item. To exercise your right of withdrawal, you must inform us (dwinguler-europe.com, Donau-City-Straße 6/2/2, 1220 Vienna, Austria, Email: playmat@youngsan.com) via a clear statement (e.g., a letter or email) about your decision to withdraw from the contract. You may use the attached model withdrawal form, but it is not mandatory. To comply with the withdrawal period, it is sufficient to send the notification about the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you all payments we have received, including delivery costs (except for the additional costs that result from you choosing a different delivery method than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive the notification of your withdrawal from this contract. We will use the same payment method you used for the original transaction, unless expressly agreed otherwise. In no case will you be charged any fees for this reimbursement. We may refuse to refund until we have received the goods back or you have provided proof that you have sent back the goods, whichever is earlier. You must return the goods without undue delay and in any case no later than fourteen days from the day you notify us of the withdrawal from this contract. The period is considered observed if you send the goods back before the fourteen-day period expires. You will bear the direct costs of returning the goods. You are only required to pay for any loss in value of the goods if the loss in value is due to handling the goods that was not necessary for inspecting the nature, characteristics, and functioning of the goods.
– End of the Right of Withdrawal Instruction –
c) Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not pre-manufactured and are made to the consumer's specifications or clearly tailored to personal needs.
5. Returns without Express Declaration
If the customer returns goods within the statutory withdrawal period without expressly declaring that it is an exercise of their right of withdrawal, dwinguler-europe.com will classify the return as a withdrawal, provided that the goods were subject to such a right of withdrawal and no other return reason is apparent.
6. Retention of Title
The delivered goods remain the property of dwinguler-europe.com until the full purchase price has been paid. The customer must handle the goods under simple retention of title carefully. The customer assigns any claims or compensation they receive for damage, destruction, or loss of the delivered goods to dwinguler-europe.com. In case of non-compliance with the contract, particularly in the event of late payment, dwinguler-europe.com is entitled to take back the purchased goods. This reclaiming of the purchased goods is considered a withdrawal from the contract.
7. Warranty
For all goods from dwinguler-europe.com in this shop, statutory warranty rights apply.
a) Warranty Claims
A warranty claim can only arise concerning the condition of the goods; reasonable deviations in the aesthetic properties of the goods do not fall under warranty claims.
b) Risk Transfer
The risk of accidental loss or deterioration of the goods passes to the customer only upon delivery.
c) Subsequent Fulfillment
If the goods are defective, the customer may request subsequent fulfillment in the form of repair or replacement delivery. If defects persist after two attempts at repair, the customer has the right to withdraw from the contract or demand a reduction in price.
d) Rights in Case of Minor Defects
In case of only minor defects, the customer is only entitled to a reasonable reduction in price, excluding the right of withdrawal.
e) Compensation for Defects
No warranty is provided for damage caused by improper handling or use of the goods. Compensation for defects in the goods is only provided by dwinguler-europe.com in the case of intent or gross negligence.
8. Liability
Limitation of Liability
dwinguler-europe.com and its legal representatives and agents are liable, subject to the following conditions, only for intent or gross negligence. In the case of slight negligence, liability is limited to the violation of essential contractual obligations, specifically those obligations whose fulfillment is of particular importance for achieving the contractual purpose. Liability is limited to the foreseeable, typical, direct average damage. For customers who are not consumers, dwinguler-europe.com is liable in the case of gross negligence in violation of non-essential contractual obligations only to the extent of the foreseeable, typical, direct average damage.
