Terms of Use for Customers B2C:

Preamble

 1.1 MFW Concept 2 Delivery GmbH is the operator of the website "theAirhood", accessible under the domain https://theairhood.eu (hereinafter "Website").

 1.2 The Website offers state-of-the-art kitchen appliances in the form of an online shop. 

 1.3 The contractual partner is MFW Concept 2 Delivery GmbH, Prinz-Eugen-Straße 17, 4020 Linz Austria (hereinafter "MFW").

 1.4 The present Terms of Use (hereinafter "TOU") govern the relationship between MFW and Customers who are consumers in the sense of the Austrian Distance Selling Act and the Consumer Protection Act, with regard to the Website, as well as subdomains and websites belonging to it. The TOU also apply to all other (future) legal relationships, even if the TOU are not referred to again. 

 The TOU apply in the version valid on the day of the order for all sales contracts, in particular also for the purchase of goods through the use of the online shop for MFW products.

1.5 By placing an order or signing the order form, the customer agrees to the TOU. 

Formation of the contract

2.1 The subject of the contract is the sale of goods. 

2.2 With the provision of one of the products mentioned under point 1.2. in the online shop of the platform, MFW submits a non-binding offer to the customer for the conclusion of a purchase contract. 

2.3 The Customer's order constitutes a binding offer to conclude a purchase contract for the ordered goods. An order requires the complete provision of the customer data in accordance with the web form provided, insofar as the order is placed via the online shop of the website. Subsequently, the customer receives an electronic order confirmation, which documents the receipt of the order by MFW. The purchase contract is concluded when MFW expressly accepts or confirms the order or actually fulfils it by sending the ordered goods within seven working days, whereby Saturday does not count as a working day.

If the content of the order confirmation differs from the content of the order (which was not placed via the online shop), this is a new non-binding offer by MFW which requires acceptance by the customer. 

2.4 After the conclusion of the purchase contract, an invoice will be sent to the customer (also for orders placed via the online shop). The goods ordered will be dispatched after receipt of payment of the invoice amount.

The payment method used for this is prepayment.

After the shipment has been carried out, the customer will be informed electronically. 

2.5 Information about the products and services provided in catalogues, price lists, brochures, advertisements at trade fair stands, circulars, advertising mailings or other media is also non-binding and not aimed at a concrete business transaction. If the customer refers to such information when placing an order, the customer must expressly state this. 

 2.6 The transmission of all information in connection with the conclusion of the contract shall take place by e-mail. The customer must ensure that the e-mail address stored on the platform can be reached. 

 

 

Rights of withdrawal in distance selling

3.1 Customers who are consumers may withdraw from the purchase in writing within 14 working days of taking delivery of the goods without giving any reason, whereby Saturdays shall not be deemed to be working days. 

 

3.2 The declaration of withdrawal is on time if it is sent within the deadline. The customer shall be obliged to provide proof of receipt of the declaration of withdrawal. 

 

3.3 The mere return of the goods in unused condition shall not be deemed a declaration of withdrawal. For a valid exercise of the right of withdrawal, a clear declaration of the decision to withdraw from the concluded purchase contract is required. 

 

3.4 A corresponding withdrawal form is available to customers on the website. By sending this form within the deadline, the purchase contract is validly revoked. Immediately after submitting the withdrawal form, the customer will receive an electronic confirmation to the e-mail address provided. 

 Besides sending the form provided by MFW, the withdrawal can also be made by any other written declaration of withdrawal, e.g. by post, and is valid if sent within the deadline.

 

3.5 After the valid cancellation of the concluded purchase contract by the customer, MFW will refund all payments already made by the customer, including any delivery costs, within 14 days from the day of the cancellation. Unless otherwise agreed with the customer, MFW will use the same means of payment that was used to pay for the goods. 

 

3.6 However, MFW is entitled to refuse to refund the amount of the payment until the goods have been received back in full or until it has received proof that the goods have been returned. 

 

3.7 The costs of returning the goods are to be borne by the customer and will not be borne by MFW. 

 

3.8 If the goods are damaged due to signs of use or if the goods are damaged, MFW is entitled to retain a reasonable charge for the reduction in value of the returned goods to cover the loss in value. 

 In the case of damage to such an extent that further use is no longer possible, MFW is entitled to retain 100% of the price of the goods as a reduction in value. 

 In the case of merely visual defects which do not result in a loss of function of the goods, the extent of the reduction in value is finally determined as 70% of the price of the goods. 

 

3.9 The right of withdrawal is excluded despite purchase by means of distance selling:

for goods that have been specially manufactured according to the customer's wishes or are clearly tailored to personal requirements

for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery;

for contracts with a value of goods of up to EUR 50.00;

in the case of contracts for repair or maintenance work concluded away from MFW's business premises, where the consumer has expressly requested the seller's coming and services to carry out this work. 

 

Pricing

4.1 The prices shown, as well as delivery charges, are gross prices. 

4.2 Shipping costs and additional expenses and charges are not included in the purchase price. They are explicitly marked or are shown separately in the course of the ordering process and are to be borne additionally by the customer, unless free delivery has been promised. 

4.3 The available payment partners are shown on the website or in the respective item description, but at the latest in the final order process at the "checkout". Unless otherwise stated, the payment claims arising from the contract are due for payment immediately. 

 

Delivery and transfer of risk

5.1 Delivery will be made after receipt of payment by the seller (prepayment) to an address specified by the customer or by collection at the MFW business address. 

Deliveries abroad require a separate agreement as well as the assumption of the shipping costs by the customer. There is no legal entitlement to delivery abroad.

 

5.2 In the case of dispatch of the goods by MFW, the risk of loss of or damage to the goods does not pass to the customer as consumer until the goods have been delivered to the consumer or to a third party designated by the consumer and different from the carrier. If the consumer himself has placed the contract of carriage (the order for delivery of the ordered goods to a forwarding agent or other parcel service) without making use of a selection option suggested by the seller, the risk shall pass as soon as the goods are handed over to the carrier.

 

5.3 After the conclusion of a valid sales contract, the order must be executed by MFW without unnecessary delay, but in any case within 30 days. This period may be exceeded in individual cases if there are special reasons (e.g. a shortage of goods) which prevent the order from being executed on time. In this case, the customer will receive a notification (by e-mail) stating the expected delivery period.

 

5.4 Delivery shall be made to the address specified by the customer. The customer shall bear any costs arising from the provision of incorrect, incomplete or unclear details of his address (e.g. costs for address collection, increased delivery costs).

 

Terms of payment

6.1 Unless otherwise agreed, invoices are due for payment without deductions or charges immediately upon receipt of the invoice.

 

6.2 In the absence of a separate agreement, all amounts are stated in euros.

 

6.3 In the event of late payment, the statutory interest on arrears shall be charged, whereby this shall amount to 4% per annum for consumers in accordance with § 1000 para. 1 ABGB (Austrian Civil Code) in the currently valid version. 

 

6.4 If the customer is a consumer, MFW will charge € 10.00 for a reminder, but never more than 15% of the outstanding amount. The goods will only be dispatched after receipt of payment by the seller.

 

Warranty and compensation

7.1 The statutory provisions of the warranty law shall apply insofar as the delivered goods have defects. The defect must already have existed at the time of delivery.

The defect must be reported to the seller informally. The customer has the option to choose between improvement or replacement. If these warranty remedies are not possible, unreasonable or disproportionate, the customer is entitled to a price reduction. If the defect concerns an essential characteristic of the goods or if the defect is not minor, the customer may also request the cancellation of the contract, provided that the customer is a consumer. The warranty period is 2 years from the date of takeover. 

7.2 MFW is liable for compensation for damage caused by gross negligence or willful intent in connection with the contract by MFW, its employees or other vicarious agents attributable to MfW (e.g. suppliers or subcontractors). If the client is a consumer, this restriction does not apply to personal injury. Liability for negligent damage is excluded for both parties.

7.4 Any liability of MFW for consequential damages and loss of profit is excluded.

 

 Reservation of proprietary rights

The goods remain the property of MFW until full payment has been made. In case of transfer of the object of purchase to a third party before payment of the full purchase price (including additional costs, delivery charges and the like), the third party must be informed.

 

Data protection

9.1 MFW will protect the personal data of the customers. This is all the information that the User has entered in the registration process or in the ordering process on the Website. The processing of data on the Website complies with the data protection provisions of the European General Data Protection Regulation. 

 

9.2 MFW is entitled to send messages to the Customers for marketing activities through various channels (including postal mail, e-mail, telephone call, electronic mail). Clients can deactivate these marketing activities at any time. For this purpose, the Clients shall send an e-mail to hello@theairhood.com.

 

Final provisions

10.1 Electronic delivery

MFW is entitled to communicate with the Client via the last notified e-mail address. Communications sent to the client's last known e-mail address are therefore deemed to have been delivered to the client.

10.2 Written form

Amendments or supplements to these contractual provisions must be made in writing in order to be effective. There shall be no verbal collateral agreements. Any amendment to this provision must also be in writing.

10.3 Applicable law/place of jurisdiction/place of performance

All contractual relations between MFW and the customer are governed by Austrian law, international private law and the UN Convention on Contracts for the International Sale of Goods (CISG), insofar as this is not contrary to the provisions of consumer protection law. 

In the case of consumer transactions, the jurisdiction of the court in whose district the customer's domicile, habitual residence or place of employment is located is agreed.

The place of performance is 4020 Linz, Austria.

 10.4 Severability clause

 Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions of these GTC shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effect comes as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.

10.5 Language

 The contractual language is German.

10.6 Legal succession

MFW may transfer the rights and obligations resulting from the usage contract to a third party. In the case of transfer, the client has an extraordinary right of termination within 14 days of knowledge of the transfer. Notice of termination must be received by MFW in writing within 14 days of the customer's receipt of the notice of transfer and will take effect from the date of transfer.

Our contact details:

MFW Concept2Delivery GmbH

FN: 543142 p

Address: Prinz-Eugen-Straße 47, 4020 Linz Austria

E-mail: hello@theairhood.com

UID: ATU76209924

*In the event of any conflict or discrepancy between the translations of these terms and conditions, the English version shall prevail. The English version is the original version and will be used for legal interpretation and enforcement.