Free delivery to Austria and Germany
24 months warranty
Personal advice service from Mon - Fri 8 a.m. - 6 p.m.
The following General Terms and Conditions (GTC) apply exclusively to all business relations, all deliveries and services of Paul Design GmbH within the scope of the online shop www.pauldesignwinders.at as well as www.pauldesignwinders.de. They are an integral part of the contract concluded with the customer. If the customer enters into a business relationship with Paul Design GmbH by using the website, he accepts the GTC as the basis for the entire business relationship between the customer and Paul Design GmbH.
Any provisions of the customer that deviate from the GTC will not be recognised unless the management expressly agrees to their validity in writing.
The range of products in our online shop is aimed at consumers and entrepreneurs alike. For the purposes of these General Terms and Conditions, (i) a “consumer” is any natural person who enters into the contract for a purpose that can be attributed neither to his or her commercial nor to his or her independent professional activity and (ii) an “entrepreneur” is any natural or legal person or business partnership with legal capacity who, when entering into the contract, acts in the exercise of his or her commercial or independent professional activity.
1. The contract is concluded with: Paul Design GmbH, Commercial Register Court Leoben, FN 462462t, GLN 9110024165607, Matzling 185, 8962 Mitterberg- St. Martin, Austria.
2. The presentation of the products on the website www.pauldesignwinders.at or www.pauldesignwinders.de does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the “Confirm order” button, the customer makes a binding offer to purchase the product in question. We may accept the offer until the end of the third working day following the date of the offer. Our automatic order acknowledgement, sent after receipt of the offer document, confirms that we have received your order but does not constitute acceptance of your offer. The offer is only accepted by us when we notify the customer of acceptance (by email) or dispatch the goods. The purchase contract with the customer only comes into effect upon our acceptance.
3. You are obliged to fill in the fields (or details) in the order form completely and truthfully.
1. All our offers are subject to availability. Even if goods are marked as “in stock” on the order form, we are entitled to sell these goods at any time if a) the order form indicates that the goods are in limited supply or b) delivery is made against payment in advance and payment is not received by us within a period of seven working days after our acceptance of the offer. In these cases, the goods will be dispatched within the agreed period or within the period specified by us only while stocks last. If no delivery period has been specified or otherwise agreed, or if we are no longer obliged to comply with an agreed delivery period as a result of the sale permitted under sentence 2, dispatch within three weeks of the relevant start of the delivery period in accordance with § 5 paragraph 2 and our terms of delivery shall be deemed to have been agreed. The same shall apply in the event that our supplier fails to deliver to us on time any goods which have been indicated on the order form as “not in stock/not available”, provided that we are not responsible for the delay in delivery by our supplier and have immediately reordered the goods.
2. If the supplier does not deliver the ordered goods to us in spite of a contractual obligation to do so, or if the ordered goods are not available from our supplier in the foreseeable future, we are (also) entitled to withdraw from the contract. In this case you will be informed immediately that the ordered goods are no longer available. In the event of withdrawal from the contract, we will immediately reimburse the customer for any payments made to us. The statutory rights of the customer due to delayed delivery are not affected by the above provision, whereby the customer can only claim damages in accordance with the special provisions in § 9 of these General Terms and Conditions.
3. We shall be entitled to make partial deliveries of separately usable products included in an order, and we shall bear any additional shipping costs incurred as a result.
4. It is expressly pointed out that the goods delivered do not necessarily have to correspond exactly to the illustrations. The colours seen by the customer are (however) also dependent on the screen and therefore we cannot guarantee an exact reproduction.
5. With the removal or modification of the product or its characteristics on the website, the original offer loses its validity.
If you are an entrepreneur (see clause 1.(ii) of our General Terms and Conditions) within the meaning of § 1 para. 1 Z.1 of the Austrian Consumer Protection Act (KSchG) and act in the exercise of your commercial or independent professional activity when concluding the contract, the right of withdrawal does not apply. For consumers in the sense of § 1 para. 1.no.2 KSchG (Consumer Protection Act) the following applies: You have the right to withdraw your contractual declaration within fourteen days without giving any reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods. In the case of a contract for several goods ordered as part of a single order and delivered separately, the withdrawal period begins on the day on which you or a third party other than the carrier designated by you has taken possession of the last goods. In the event of missing or incorrect instructions, the consumer’s right of withdrawal expires at the latest 12 months after the expiry of the 14-day withdrawal period.
In order to exercise your right of withdrawal, you must contact us at
Paul Design GmbH,
Matzling 185,
8962 Mitterberg-St.Martin,
Phone: +43(0)3684/30525,
E-mail: [email protected]
by clearly stating (e.g. in a letter sent by post, fax or e-mail) or by telephone that you wish to withdraw from this contract. For this purpose, you may use the attached sample withdrawal form. However, there is no obligation to use this sample form. You may also complete and submit the sample withdrawal form or any other unambiguous statement electronically via our website (www.pauldesignwinders.at or www.pauldesignwinders.de). If you use this option, we will promptly send you an acknowledgement of receipt of your withdrawal form (e.g. by e-mail). In order to comply with the withdrawal period, it is sufficient to send the notice of exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal: If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs incurred as a result of you choosing a delivery method other than the cheapest standard delivery method offered by us), immediately and at the latest within fourteen days of the day on which we receive your notification of withdrawal from this contract. Unless otherwise expressly agreed with you, we will use the same means of payment as you used for the original transaction and in no case will you be charged for this refund.
We may refuse to make the refund until we have received the goods or you have provided us with proof that the goods have been returned, whichever is the earlier. You must return or hand over the goods to us, Paul Design GmbH, Matzling 185, 8962 Mitterberg-St. Martin, Austria, without delay and in any case no later than 14 days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the end of the 14-day period. In the case of goods that can be sent by parcel post, you will be responsible for the direct cost of returning the goods if the goods delivered correspond to those ordered. Goods that cannot be sent by parcel post will be collected from you. In the event of an effective withdrawal, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods received in whole or in part, or only in a deteriorated condition, you may have to compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a shop - of their condition, properties and functionality. In addition, you can avoid the obligation to provide compensation for the value of the deterioration caused by the intended use of the goods by not using the goods as if they were your property and by refraining from doing anything that could impair their value.
1. Unless otherwise agreed, the ordered watch winders will be delivered to the delivery address indicated by the customer.
2. Depending on the country, delivery will be made by different shipping companies and at different shipping costs. (1) The periods and dates stated by us for the dispatch of the goods are always approximate and may therefore be exceeded by up to 5 working days. This does not apply if a fixed delivery date has been agreed. (2) All delivery periods stated in the order or otherwise agreed by us shall commence (a) if delivery against payment in advance has been agreed, on the day of receipt of the full purchase price (including VAT and shipping costs) or (b) if payment by cash on delivery or on account has been agreed, on the day of conclusion of the purchase contract. (3) The date on which the goods are handed over by us to the carrier is decisive for compliance with the delivery date.
3. If delivery to the customer is not possible because the customer cannot be found at the delivery address provided by him, although the delivery date was announced to the customer with a reasonable period of notice, or the delivery address was not correctly provided, the customer shall bear the costs of the unsuccessful delivery.
4. Delivery shall be made from the warehouse, which is also the place of performance of the delivery.
5. Unless expressly agreed otherwise, we will select the appropriate shipping method and carrier at our reasonable discretion. We are only responsible for the timely and proper delivery of the goods to the shipping company and are not responsible for delays caused by the carrier. Any delivery times quoted by us are therefore not binding. If we have undertaken to install or assemble the goods at the customer's premises, we shall, notwithstanding the foregoing, be responsible for the timely completion of such work and for handing over the goods to the customer on the contractually agreed date. If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the shipping company, provided that we only owe the shipment.
6. Paul Design GmbH is not responsible for delays in delivery and performance due to force majeure. Events of force majeure entitle Paul Design GmbH to postpone the delivery for the duration of the hindrance as well as to a reasonable preparatory period and to withdraw from the contract in whole or in part because of the part not yet fulfilled. Strikes, natural disasters, war, blockades, export and import bans and other sovereign interventions shall be deemed equivalent to force majeure, irrespective of whether they occur at Paul Design GmbH or at a supplier of Paul Design GmbH.
7. We must inform the customer immediately of the occurrence of an event of force majeure that impedes an imminent delivery.
8. Delivery is made exclusively to countries of the European Union.
All product prices of Paul Design GmbH are gross prices and therefore include the statutory value added tax of the respective country plus the incurring shipping costs. Invoicing is done in Euro.
In the case of customers outside the EU, the customer is responsible for paying the country-specific import and sales taxes, which are not the responsibility of Paul Design GmbH. Any customs tariffs incurred shall be borne by the customer. The purchase price is due immediately with the order. The customer shall bear the costs of delivery by post or by a comparable shipping company. The customer can pay the purchase price via the payment service provider UNZER by credit card (Visa, Mastercard), PayPal and payment in advance.
If Paul Design GmbH has suffered a higher damage caused by delay, Paul Design GmbH is entitled to claim this. Paul Design GmbH is entitled to demand reimbursement of the costs of certain ancillary services, such as reminders sent by it, resubmission of invoices or the reminder and collection charges necessary for the appropriate pursuit of legal action, which result from the respectively applicable ordinance on the permissible fees for collection agencies, as well as, in the event of the involvement of a lawyer, the costs regulated in the respectively applicable Lawyers' Fees Act. These may also be charged as a lump sum. In the case of consumers, the latter shall apply if the necessary and reasonable collection and enforcement costs are proven.
The customer has no right of set-off or retention, unless the counterclaim is undisputed or has been legally established or has been accepted by Paul Design GmbH.
1. Our liability for delay in delivery is limited to an amount of 20 % of the respective purchase price (including VAT), except in the case of intent or gross negligence.
2. We shall not be liable (for whatever legal reason) for damage which is not typically to be expected in normal use of the goods. The above limitations of liability shall not apply in the event of intent or gross negligence and shall not apply to our liability for guaranteed characteristics or for damages arising from injury to life, limb or health or under the Product Liability Act.
1. If the delivered goods have a material defect, the customer may first demand that we remedy the defect or deliver goods free of defects. If the customer is an entrepreneur, Paul Design GmbH is entitled to choose between rectification of the defect or replacement delivery; this choice can only be made by notifying the customer in writing (also by fax or e-mail) within three working days of receipt of the notification of the defect. We may refuse the type of subsequent performance chosen by the customer if this is only possible at disproportionate costs.
2. If subsequent performance in accordance with § 8 para. 1 fails or is unreasonable for the customer, or if we refuse subsequent performance, the customer shall be entitled, in each case in accordance with and subject to the applicable law, to rescind the purchase contract, to reduce the purchase price or to claim compensation for damages or reimbursement of his futile expenses. The special provisions of § 9 (Liability) of these General Terms and Conditions shall also apply to the customer's claims for damages.
3. The warranty period is 2 years from the date of the handover of the goods.
4. The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately upon delivery. The goods delivered shall be deemed to have been approved by the customer if a defect is not notified to us (i) in the case of obvious defects, within five working days of delivery, or (ii) otherwise within five working days of discovery of the defect, but the notification must be made before the expiry of the warranty period.
5. Claims against Paul Design GmbH arising from a manufacturer's guarantee that goes beyond the warranty are excluded to the extent permitted by law. The customer is only entitled to claims from a manufacturer's guarantee against the manufacturer who has agreed to provide the guarantee. The warranty does not cover normal wear and tear or wear and tear due to use.
If a warranty case occurs with a product purchased in the online shop, the customer can return the goods to the contact address provided. If it turns out that there is no defect covered by the warranty, Paul Design GmbH will charge the customer for the expenses incurred.
1. Our liability for delay in delivery is limited to an amount of 20 % of the respective purchase price (including VAT), except in the case of intent or gross negligence.
2. We shall not be liable (for whatever legal reason) for damage which is not typically to be expected in normal use of the goods. The above limitations of liability shall not apply in the event of intent or gross negligence and shall not apply to our liability for guaranteed characteristics or for damages arising from injury to life, limb or health or under the Product Liability Act.
1. We may process and store data relating to the respective purchase contracts to the extent necessary for the execution and performance of the purchase contract and for as long as we are required to store such data by law.
2. We reserve the right to pass on the customer’s personal data to credit reference agencies to the extent that this is necessary for the purpose of a credit check, provided that the customer has expressly consented to this in each individual case. In addition, we will not pass on the customer's personal data to third parties without the customer’s express consent. This does not apply if we are obliged to do so by law.
3. Further details are set out in our Privacy Policy.
1. All legal transactions between Paul Design GmbH and the customer shall be governed exclusively by Austrian law, subject to the mandatory provisions of international private law, to the exclusion of its reference provisions and the UN Convention on Contracts for the International Sale of Goods. In accordance with Art. 6 of the Rome I Regulation, the aforementioned choice of law is restricted in relation to consumers resident in Germany, insofar as the protection of mandatory German legal provisions would otherwise be withdrawn, unless the respective Austrian provisions are more favourable for the consumer.
2. If the customer is an entrepreneur within the meaning of § 1 of the Austrian Commercial Code (UGB), a legal entity under public law or a special fund under public law, and if the customer has no general place of jurisdiction in Austria, moves his residence or usual place of abode abroad after conclusion of the contract, or if his residence or usual place of abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the competent court for 8962 Gröbming, Austria.
If the customer has his domicile or usual place of residence in Austria or if he is employed in Austria, only the court of the district in which the consumer has his domicile, usual place of residence or place of employment is competent to take legal action against him. This does not apply to disputes that have already arisen. In all other cases, we or the customer may bring an action before any competent court in accordance with the statutory provisions.
Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Oral subsidiary agreements are not made; they are only binding on Paul Design GmbH after written confirmation by the management. Amendments or supplements to these General Terms and Conditions must be made in writing to be valid; this also applies to waiving the written form.
The contract, order and business language is German. All inquiries, information, etc. in connection with Paul Design GmbH are to be sent to the e-mail address [email protected].
