General terms and conditions & Right of withdrawal

General Terms and Conditions (GTC) of Encamino e.U.

§ 1 Applicability to consumers and definitions

(1) The following General Terms and Conditions apply to all contracts concluded via our internet shop and Blog at www.encamino.life between us, the

represented by the Managing Director Menas Gurguis Hizkiyal

and the customer in the version valid at the time the contract is concluded. Any deviating general terms and conditions of the customer will not be recognized unless we expressly agree to their validity in writing. The range of products in our online shop is aimed only at consumers. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity.

§ 2 Formation of a contract, storage of the contract text

(1) The presentation and advertising of the goods in our online shop do not constitute a legally binding contractual offer on our part, but are merely a non-binding invitation to the customer to order goods.

(2) By clicking the “Buy” button in the last step of the ordering process (Cart) or by clicking the “Pay now” button in the Express checkout (on the product side) , the customer submits a binding offer to conclude a contract for the purchase or booking of the goods and/or services displayed in the order overview (offer).

(3.) The order is placed subject to the following steps:

(3.1) The order is placed on product site and payed due Express checkout.

(3.2) The order is placed in Cart.

(4) We will immediately confirm receipt of the order by sending an automatically generated email (“confirmation of receipt”).

A valid contract is only concluded upon receipt of the shipping confirmation by email (acceptance).

We expressly reserve the right to reject orders without giving reasons.

(5) The customer can place orders in our online shop as a guest or as a registered user. As a registered user, the customer does not have to provide personal data every time, but can simply log into the customer account before or as part of an order using the email address and the password freely chosen during registration. Registration alone does not create any obligation to purchase the goods we offer. The access data for the account must be treated confidentially and must not be passed on to third parties. Information on the processing of data is available in our privacy policy.

§ 3 Prices, shipping costs, payment

(1) The prices stated include statutory sales tax and other price components. Any shipping costs are added, unless otherwise specified. The shipping costs are stated in our price information in our online shop. The price including sales tax and applicable shipping costs is also displayed in the order form before the customer submits the order.

(2) Depending on the delivery country, the customer has the option of paying by

• PayPal
• Credit card (Visa, Maestro, Mastercard)
• Google pay

The respective terms of use of the payment service apply.

§ 4 Delivery

(1) Unless we have stated otherwise in the product description, delivery will take place within max. 7 business days (Monday to Friday), depending on the country. The delivery period begins with payment after the contract is concluded, starting on the day after the payment order is issued, and ends on the last day of the period. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.

We deliver throughout the European Union. Delivery outside the European Union is possible on request. For more information visit our Shipping site or write us an email.

(2) The risk of accidental loss and accidental deterioration of the item sold shall only pass to the buyer upon delivery of the item, even in the case of a sale by dispatch, when the buyer or a third party designated by the buyer (who is not the carrier) has taken possession of the goods or in the event of default of acceptance by the customer, provided that the customer is a consumer.

(3) If there are delivery difficulties when ordering or if a product is no longer available, we will inform the customer immediately and refrain from accepting the order. We will immediately refund the customer any amounts that they may have already paid to us for the unavailable products.
(4) Delivery will be made to the address provided by the customer. If the customer provides incorrect, incomplete or unclear information, the customer will bear all resulting costs.

§ 5 Retention of title and prohibition of resale

(1) We reserve title to the goods until the purchase price has been paid in full.

(2) The customer guarantees to use the products exclusively for private purposes. Any commercial resale of the purchased products is prohibited. 

§ 6 Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods;

To exercise your right of withdrawal, you must contact

office@encamino.at

by means of a clear statement of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, after receipt and inspection of the goods, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

We refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return the goods to : Menas Gurguis, Graf-Kollonitschstrasse 4, 2283 Obersiebenbrunn.

The deadline is met if you send the goods before the expiry of the fourteen-day period.

Process

1. Customer reports the return/cancellation.
2. Customer sends the goods back and provides proof of shipment.
3. Encamino eU receive and check the goods.
4. After checking, the refund will be made within 14 days.*

The direct cost of returning the goods to Encamino e.U. the customer have to bear.

*The customer have only to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning. The customer is also responsible for ensuring that the goods are properly packaged and securely prepared for return shipping.”

The right of withdrawal/cancellation does not apply to the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back via letter or email.)

To: Menas Gurguis
Graf-Kollonitschstrasse 4
2283 Obersiebenbrunn
Austria

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

-Order number

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if notification is on paper)

– Date

(*) Delete as appropriate.

§ 7 Exchange

Exchanges will only be granted for defective or damaged items. If you would like to exchange an item for the same item, please email us at office@encamino.at .Once the exchange is confirmed, send the item to: Graf Kollonitschstrasse 4, Obersiebenbrunn, 2283, Austria. The time it takes for the exchanged item to reach you may vary depending on the country you reside in.

§ 8 Pre-order

Customers can pre-order products with the goal of receiving them sooner. Delivery times may vary depending on the product, total order size and customer location.

§ 9 Limitation of Liability

(1) We shall be liable to the customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

(2) In other cases, we are only liable for breach of a contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), and this is limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.

(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

§ 10 Warranty

The warranty is provided in accordance with the statutory provisions (24 months from receipt of the goods). If an exchange or improvement is not possible (not possible, too much effort, unreasonable, delay in delivery), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission).

§ 11 Place of jurisdiction and applicable law

(1) This contract shall be governed by Austrian substantive law, excluding the UN Convention on Contracts for the International Sale of Goods. If the contracting party is a consumer, the mandatory provisions of the law of the state in which he has his habitual residence shall also apply to this contract.

(2) The court with jurisdiction at the registered office of Encamino e.U. shall have exclusive jurisdiction for disputes. If the customer is a consumer within the meaning of the Consumer Protection Act (KSchG), the court in whose district the customer’s place of residence, habitual abode or place of employment is located shall have jurisdiction.

(3) The place of jurisdiction and place of performance of the contract is the registered office of Encamino eU. The General Terms and Conditions are valid from July 2023.

Arbitration clauses:

Consumers have the opportunity to submit complaints to the EU’s online dispute resolution platform: https://ec.europa.eu/consumers/odr/. You can also send any complaints to the email address provided in the Impressum.

§ 12 Final provisions

Should individual provisions of these General Terms and Conditions be ineffective, void or incomplete, the validity of the remaining provisions shall remain unaffected. The parties shall – if necessary in due form – replace the ineffective or void provision with such a provision or fill the contractual gap with such a provision that best achieves the economic purpose pursued by them. If the ineffectiveness or voidness of a provision is based on a measure of performance or time (deadline or date), a legally permissible measure shall replace the ineffective or void performance or time provision.