General Terms and Conditions

Asara Handels GmbH

1. Area of application

These terms and conditions (hereinafter referred to as T&Cs ) of ASARA Handels GmbH, Dauphinestraße 159, A-4030 Linz, Tel: +0043 (0)732 / 310 201, E-Mail: (hereinafter called ASARA ), are considered basis for all current and future deliveries and services .

Different rules do not oblige ASARA , even if these are not expressly contradicted and if these different conditions include the validity of this as an explicit condition , unless the validity has been agreed in writing .

2. offert, contract closing, risk of loss

All quotes from ASARA are, unless otherwise specified in writing, subject to change without notice and not binding. Information given in (advertising) media is not binding, subject to change without notice, and excepted errors, changes and printing errors.

A purchase contract only arises when we send the ordered product to you or confirm the purchase in writing ( by email, fax or post). A confirmation that originates in a order confirmation through our Online-Shop does not automatically establish a contract, it only confirms the receipt of the order.

Details of product ingredients and effects are only binding for a particular case with written confirmation. Slight deviations from the details of products are deemed as approved provided they are reasonable for the contracting party.

Supplementary agreements (for example trial purchase) are only considered valid with written confirmation. Silence of ASARA does not mean agreement or notice of acceptance, even in running business connections.

3. Prices

All prices are including VAT. Prices are subject to change. Price listings are EUR (Euro).

4. Delivery, shipping

The type of shipment and transport can be freely chosen by ASARA. The customer is obliged to accept partial deliveries and corresponding partial invoices at all times. All deliveries are made on account of the buyer.

We point out that indication of availability, delivery or dispatch (except with business to be settled on a fixed date) are only estimated.

The buyer can only claim damages for delay or non-fulfillment in case of gross negligence or intent. Cases of force majeure and unforeseen disturbances and difficulties of delivery (regulatory measures, etc.) relieve ASARA of its performance obligation.

5. Payment

Delivery is carried out exclusively after prepayment or within Austria also by cash on delivery.

6. Retention of title

Goods that are delivered to the customer are property of ASARA until all outstanding bills, related interest, and costs connected to the implementation are paid in full.  Extended retention of title is understood.

The retention of title shall not constitute a withdrawl from contract and removes no obligations from the customer, in particular the payment of the purchase price.

7. Right of withdrawl

You have the right to revoke your contract without specifying a reason within 14 days. The withdrawal period is 14 days from the date on which you or a your representative, who is not the person deliverying the goods, have taken possession of the goods. If several items were ordered under a single order, but were deliveredseparately, the withdrawal period starts from the date on which you or your representative, who is not the person deliverying the goods, have taken possesion of the last item.

To exercise your right you have to to inform us (ASARA Handels GmbH, Unionstraße 159, A-4030 Linz) with an explicit statement (for example a letter sent via post or e-mail) about your decision to withdraw from the contract. You can use the withdrawl form, but are not obligated to use it.

To observe the cancellation period it is sufficient that your statement about excercising your right to withdraw from the contract was sent before the end of the cancellation period.

Consequences of revocation:

If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from if you have chosen a type of delivery other than the cheapest standard delivery offered by us), and immediately repay within 14 days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment. We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is earlier.

8. Cost of returns

The buyer will carry the costs of the return.

9. Guarantee

If the goods shows a defect, we are obliged to rectify. We reserve the right to deliver goods of the same kind and quality at a later state. A claim for cancellation or reduction is only  possible after two unsuccessful attempts to rectify the defect.

10. Data protection

The buyer expressely agrees that their for the transaction necessary company or private data can be captured and processed electronically.

ASARA ensures that customer data obtained for orders are only collected, processed, stored, and used  in connection with the completion of the order. This information is only provided to affiliated companies for order processing and for ASARA's own marketing purposes . ASARA will not use or pass on customer data beyond the aforementioned purposes.

ASARA ensures that occasion obtained in orders customer data collected only in connection with the completion of the order , processed , stored and used , and these are provided only for order processing to affiliated companies and for its own marketing purposes . ASARA will not use or pass on customer data beyond the aforementioned scope beyond .

We point out that sending data over the internet (for example via e-mail) can have security vulnerabilities. A complete protection of data from access through third parties is impossible.

11. Place of jurisdiction, place of performance, and applicable law

Sole place of fulfilment for the contract of sale is Linz.

The competent court in Linz shall be deemed as agreed area of jurisdiction for all disputes. ASARA is entitled to file a lawsuit in other courts.

Deviating from this the manadatory consumer law at the residence as well as the court of the customer's domicile are deemed as competent, local, and agreed and apply to consumers. Austrian law applies accordingly to all business transactions under the express exclusion of the CISG.

12. Salvatorische Klausel

Should one or more provisions of the Terms and Conditions be invalid, the remaining provisions will remain effective. The invalidity of one or more provisions of our Terms and Conditions do not result in the invalidity of the Terms and Conditions. The contracting carties are obligated to agree to a valid provision which comes closest to the invalid provision.

13. Acknowledgement and change of T&Cs

ASARA is authorised to adapt the T&Cs and inform customers of the changes (also via e-mail). If the customer does not object to these changes in writing within a deadline of 10 days after receiving the communication these changes are deemed accepted and  agreed upon.