Terms & Conditions
1.Introduction
Please review the following terms that concern the use of our website (“this Website”) before using it.
The use of this website denotes your unconditional acceptance to obey these terms and conditions
Although you may skip this Agreement, your use of this Website still binds you to the Terms and Conditions.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice to you, and your subsequent use of this Website signifies your unconditional agreement to follow and be bound by the then-current Terms and Conditions.
2.Ownership, Copyright, Trademark
This Website is operated by and is the property of CrystalClearAir OG - An Austrian registered company (FN 503474 d) with registered office at Weisstraße 9, 6112 Wattens, Austria.
CrystalClearAir OG owns the domain name, trademarks, trade names, copyright and other intellectual property of CrystalClearAir OG. ("CrystalClearAir OG ", “us” or “our”).
For questions – you may contact our customer service at: info@crystalclearair.at
CrystalClearAir OG reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on this Website.
Access to this Website does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to this Website does not authorize anyone to use any of CrystalClearAir´s name, logo, mark or any other intellectual property in any manner.
3.Your details
The information or personal details that you provide us with shall be processed according to the Privacy Policy.
By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.
4. Use of the Website
This Website and all its contents are intended solely for personal, non-commercial use.
You may download or copy the contents and other downloadable materials displayed on this Website for your personal use only.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, this Website or any related software.
The content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited.
CrystalClearAir OG reserves the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if CrystalClearAir OG believes that customer conduct violates applicable law or is harmful to the interests of CrystalClearAir OG or any third parties.
All sizes quoted in our texts are approximate only.
5. Contract Formation
The information set out in the Terms and the details contained on this website do not constitute an offer for sale but rather an invitation to treat.
No contract in respect of any items shall exist between you and us until your order has been expressly accepted by us (whether or not funds have been deducted from your account).
If we do not accept your offer and funds have already been deducted, these will be fully refunded.
To place an order, you will be required to follow the online shopping process and press the "CHECK OUT" button to submit the order.
After this, you will receive an email from us acknowledging that we have received your order (the "Order Confirmation").
Please note that this does not mean that your order has been accepted.
Your order constitutes your offer to us to buy one or more products from us.
All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the item has been sent (the "Delivery Confirmation").
The contract for the purchase of a product between us (the "Contract") will only be formed when we send you the Delivery Confirmation.
6. Availability of Items
All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we will inform you immediately and will reimburse any funds that you may have paid.
7. Refusal of Order
We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website.
Whilst we will use our reasonable efforts to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time.
We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
8. Delivery
CrystalClearAir OG reserves the right to use third party carriers at its sole discretion and without notice to the customer.
Subject to availability and unless there are any exceptional circumstances, we will attempt to carry out your order for products listed in the Delivery Confirmation by the delivery date set out in the Delivery Confirmation or, if no estimated delivery date is specified, then within a maximum of 30 days of the date of the Order Confirmation.
If we fail to deliver the items within 30 days of the date of the Order Confirmation, you may cancel the Contract and we will reimburse you the sum paid for the items and any delivery costs paid.
If our supply of the product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to reduce the effect of the delay.
Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any products you have paid including the delivery costs.
9. Risks and Title
The Product will be at your risk from the time of delivery.
Ownership of the products will only pass to you when we receive the full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever is the later.
10. Price and Payment
The prices on our website include VAT but exclude shipment costs, which will be added to the total amount due.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
Once you have chosen all the products you wish to buy and added them to your basket, your next step will be to go to the checkout process and make the payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step.
Furthermore, throughout the purchase process, before payment, you can modify the details of your order.
Payments can be made by: direct bank transfer, Visa, Mastercard and PayPal.
To reduce the risk of unauthorized access, your credit card details will be encrypted.
Once we receive your order, we will request a preauthorization on your card to ensure there are sufficient funds available to complete the transaction.
No charge will be made to your credit card until your order has been sent for delivery. However, if your form of payment is Paypal, the charge will be made the moment we confirm the order.
By clicking "CHECK OUT" you are confirming that the credit card is yours or that you are the legitimate holder of the credit card.
Credit cards are subject to validation checks and authorization by your card issuer but if your card issuer fails to authorize payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you.
11. Buying Items as Guest
The option of buying products as a guest is available on our website.
For this type of purchase, we will only request from you the essential data that is required to process your order.
Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non-registered user.
12. Value Added Tax
All purchases done through the website are subject to statutory Value Added Tax (“VAT”).
The prices displayed on this website include VAT.
13. Returns Policy
You may cancel your order for any reason up to 30 days from the date on which you receive the order, by notifying us of your decision to cancel using the following contact details: info@crystalclearair.at
To meet the cancellation deadline, it is sufficient for you to have sent your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you have been charged for any products, we will process a refund, which will include the cost of standard delivery.
14. Returns
You may send back the items to:
CrystalClearAir OG, Weisstraße 9, 6112 Wattens, Austria and you must pay for the postage cost for returning the items.
You must send the item in the same package that you received it and include a print out of the electronic receipt.
Please bear in mind that if you wish to return the items to us freight collect/cash on delivery, we may charge you any costs incurred in such return.
After examining the items, we will inform you of whether you have the right to reimbursement of the amounts paid.
Delivery costs will be reimbursed when the right of withdrawal is exercised within the statutory period and all the products which the relevant parcel consisted of, are returned.
The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel.
Notwithstanding this, we may withhold the reimbursement until we have received the items back, or until you have supplied sufficient evidence of having sent back the items, whichever is the earlier.
The refund will always be paid using the same payment method you used to pay for your purchase.
You are responsible for the cost and risk of returning the items to us, as indicated above.
15. Returns of defective items
If the item that you have received is defective, please notify us using the following contact details: info@crystalclearair.at and return the item as set out in Section 14 – (Returns). Please provide proof of purchase, for example a print out of the electronic receipt, attached to the Delivery Confirmation. We will examine the item and if we deem it to be defective, we will provide a full refund including delivery charges, and the refund will be paid using the same means of payment that you originally used to pay for your purchase. These provisions do not limit any applicable statutory rights.
16. Right of Withdrawal
You have the right to withdraw from your order within 14 days, without giving any reason.
The withdrawal period is counted from the day of the delivery of the last item(s) in your order.
The easiest way of exercising your withdrawal right is by sending us an email to: info@crystalclearair.at and returning the items to us using the returns method described above (Section 14).
However, to meet the withdrawal deadline, it is sufficient for you to let us know about your decision to withdraw from your order before the withdrawal period has expired.
17. Effects of Withdrawal
We will refund all payments received from you, including the costs of our standard delivery option, without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw.
We will use the same method of payment that you used to pay for your order and this will not cause you any extra fees.
We may withhold the refund until we have received the items back, or you have supplied evidence of having sent back the items, whichever is the earlier.
You must send back the items or hand them over to us without undue delay, and in any event no later than 14 days from the day on which we are informed about your decision to withdraw.
Please use the returns method described above.
You are only liable for any diminished value of the items resulting from their handling, other than that which is necessary to establish the nature, characteristics and functioning of the items.
18. Liability disclaimer
Except as explicitly provided in the foregoing paragraphs, CrystalClearAir OG makes no representations or warranties of any kind, express or implied, regarding the websites and/or any materials provided on the websites, all of which are provided on an "as is" and "as available" basis.
CrystalClearAir OG does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the websites, or any of the content or data found on the websites, and expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
CrystalClearAir OG is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
CrystalClearAir OG assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the websites or your downloading of any materials, data, text, images, video or audio from the websites. In no event shall CrystalClearAir OG be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the websites or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of the websites for purchases), of the performance or non performance by CrystalClearAir OG, even if CrystalClearAir OG has been advised of the possibility of damages by such parties or any other party.
19. Written Communication
Applicable laws require that some of the information or communications we send to you should be in writing.
When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website.
For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
This condition does not affect your statutory rights.
20. Events outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(1) Strikes, lockouts or other industrial action;
(2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(4) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(5) Impossibility of the use of public or private telecommunications networks;
(6) The acts, decrees, legislation, regulations or restrictions of any government;
(7) Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring any event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the any event outside our control.
21. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
22. Severability
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
23. Amendments to these Terms
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
24. Law and Jurisdiction
The use of our website and the Contracts for the purchase of items through such website will be governed by the Austrian law.
Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the nonexclusive jurisdiction of the Austrian courts.
If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.