General

edelwiser.com is an Internet website enabling customers to individually design skis and other sporting goods, offering sporting products, accessories and consulting services. By means of an order form, the customer has the opportunity to indicate his wishes regarding the shape and design of edelwiser products. Once a contract is concluded, edelwiser is obligated to manufacture and deliver the individually designed product under following conditions:

Concluding a contract

By submitting the order form (including attachments or uploads) the customer expresses an valid and irrevocable offer to buy a product to be manufactured according his personal design.

After receiving the order edelwiser will check the design details within a period of five days.

Within this five days edelwiser is entitled to reject the acceptance of the order without announcing any particular reasons. Orders in general will be rejected in case of racist, fascist, sexist or pornographic comments or graphic visuals. Furthermore, edelwiser will reject orders obviously violating third party trademarks or copyrights. The customer is obligated to prevent himself for any violations of third party copyrights on submitted orders to edelwiser, he is obligated to verify copyrights by himself before submitting his order. In case of third party seeking redress, based on copyright violations caused by the customer, edelwiser is enabled to eventually reimburse the customer causing the violation and to pass on any third party claims to the customer.

If for technical, legal or ethic reasons order processing is impossible, edelwiser is entitled to reject the contract.

The customer agrees that edelwiser, in case e of rejecting the contract, is entitled to destroy all data transmitted by the customer.

If edelwiser agrees to perform the order, an order confirmation will be sent to the customer via email. The customer agrees to accept order confirmations via email.

The contract is valid unless edelwiser is sending a order confirmation to the email address provided by the customer and it is returned immediately (within 48 hours) to edelwiser stating that the email cannot be delivered to the email address provided by the customer.

The customer's offer becomes void if his order is not confirmed within five days via email or fax.

Once the order is confirmed by email or fax, edelwiser is obligated to manufacture and deliver a product adequate to the ordered specifications. Therefore edelwiser particularly expresses, that the customer's right of cancellation, as defined by § 5f point 3 of the Consumer Protection Law, is excluded.

Price & payment conditions

The price of the product ordered can be seen in a price list at the website edelwiser.com. It is obligatory agreed that the particular price, valid at the point of time the order is confirmed, is accepted .

The customer must pay the price in advance. Payment can be processed either by Credit Card (Visa or Mastercard), bank transfer, an on-line payment. Further payment methods will not be accepted, unless edelwiser agreed.

The customer has to process payment at the time of ordering / order confirmation or immediately afterwards. If the order is not confirmed, or the order is not executable for any other reason, the customer will be reimbursed for any payment that has already been received by edelwiser.

Shipment

The delivery time is not more than 20 days from the point in time edelwiser receives the payment, unless a special delivery date is agreed.

edelwiser will hand the ordered product to the transportation agency in time so that under usual circumstances shipment can be expected in time. Thus, any customer claims against edelwiser, caused by delayed reception, are expressively excluded.

The customer agrees that shipment is made a transportation agency chosen by edelwiser.
Once the goods are handed over to the transportation agency by edelwiser, the customer assumes the risk of destruction or damage to the goods.
The place of delivery is categorically the address supported by the customer at the point of time when the order was made.

Shipment fees are displayed to the customer at the time of ordering and become a part of the contract. Shipment fess depend on the kind of goods to be delivered and the destination country.

Copyright

The customer is granting edelwiser the right to duplicate and publish his graphic design or text transmitted within his order.

Liability

edelwiser is not responsible for any input or data transmission errors.

edelwiser is not liable for any difference of colours caused by monitor/display or application colour mode settings

edelwiser under no circumstances is liable for indirect damage, consequential damage, or atypical damage, of any type, or for reimbursement of lost profit, loss of data or other immaterial values.

The edelwiser web site may contain links to Internet web sites that are not under the control of edelwiser. These external links are provided to further the purposes of edelwiser and not as a benefit to the linked party. edelwiser is not responsible for availability of external resources, the content of these web sites, or for any links the web sites may contain..

Liability is excluded for all damage from use of services offered on the Website edelwiser.com or from the initiation of the contract, or the conclusion or fulfilment of a contract described in these terms and conditions, as long as no compelling legal regulations are opposed to this terms & conditions.

In case of any liabilities of edelwiser, this liabilities are limited to damages caused by deliberate or gross negligent action of edelwiser. In general there is no liability of edelwiser for damages caused by slight negligence.

The customer is liable for any damages arising edelwiser from storage of data transmitted by the customer. The customer in particular is liable for damage caused by the transmission of computer viruses.

The customer is liable for any damages arising to edelwiser from storing or processing data provided by the customer during the order process. In particular the customer is liable for transmitting computer viruses. The customer is liable for expenses of edelwiser arising from usage and processing materials during the order process that infringe third party rights and obligate edelwiser and civilian or legal suits are launched against edelwiser as a result of this process. In this case the customer has to refund edelwiser.

Warranty

In case of Skis edelwiser carries a limited warranty for two years from the date of purchase.

edelwiser will replace (at edelwiser's option) the ski if found to be defective as to workmanship or material. This warranty does not extend to damage resulting from misuse, neglect or abuse, normal wear and tear, accident or exterior appearance or color, breakage (except breakage resulting from manufacturing defects) or improper mounting of bindings.
This limited warranty extends only to the original consumer who purchased new skis directly from edelwiser.

In no event shall edelwiser be liable for incidental or consequential damages.

If a defect arises in the ski within the limited warranty period, the user should promptly contact edelwiser. edelwiser will not be responsible for any costs, such as, but not limited to, removing bindings, remounting bindings, handling, shipping or insurance.

Data Protection

data transmitted to edelwiser by customers will be treated confidentially.

The customer declares to be in agreement that edelwiser shall reveal his identity and data to authorities or third parties if this is required or useful in the legal defence or legal enforcement of edelwiser.

Further details on data protection to be seen in the Privacy Statement.

Jurisdiction & more

For legal disputes from claims based on services offered on the Website edelwiser.com, or from initiation of the contract or the conclusion or fulfilment of a contract, the jurisdiction is agreed to be the relevant responsible court in whose realm edelwiser office is located.

If the customer is a consumer as defined by the Consumer Protection Law, this jurisdiction agreement only applies to customer complaints against edelwiser.

Austrian law exclusively is to be applied to all legal relationship between edelwiser and its customers.
If individual articles of this terms & conditions are invalid, the remaining articles remain valid. The invalid article has to be reinterpreted, supplemented or replaced in a way the economical intention will properly be provided. Same applies to evident insufficiencies based on this terms & conditions.