Terms of service
1. SCOPE
For all orders placed through our online shop the following terms and conditions apply.
2. Contractor(s), Conclusion of Agreement
This purchase agreement is with VIITA Watches GmbH.
By placing the products in the online shop, we submit a binding offer to conclude a contract on this article. The contract is concluded and accepted by clicking the order button to purchase the goods contained within the basket. Immediately after sending the order you will receive a confirmation e-mail.
A previous binding contract may also come into effect as follows:
• If you have selected credit card payment, the contract comes into effect at the time the credit card is charged.
• If you choose the payment method PayPal, the contract comes into effect on the date of your credit card payment to PayPal.
• If you choose the payment method immediate bank transferral, the contract comes into effect at the time of confirmation of the payment order to the online payment system.
3. SHIPPING COSTS
Additional shipping costs should be added to the specified product prices. Details on the amount of shipping costs can be found here
4. PAYMENT
In our shop the following payment methods are available:
Credit card
Your credit card will be charged with completion of the purchase.
Paypal
You pay the invoice amount through the online provider Paypal. You must be a registered user or register to be a user. Your payment instruction confirms to us that you are a registered user (except possibly guest access). For more information, please refer to the ordering process.
Pre-Payment
You’ll receive our bank details upon checkout. Your order will be processed as soon as you money arrives at our bank account.
Immediate Bank Transferral (Sofort Banking)
We also offer immediate bank transfer. Here we get the referral credit immediately. As a result, the entire ordering process is accelerated. All you need is the account number, bank code, PIN and TAN. Via the secure, non-accessible for traders’ payment form of the online payment system immediate banking is available and your bank account is automatically updated in real-time. The purchase amount is transferred instantly and directly to the bank account of the merchant.
When choosing the payment option of immediate bank transfer a pre-filled form will open at the end of the ordering process. This already includes our bank details. Moreover, the transfer amount and intended use are displayed in the form already. All you have to do now is to select the country where you have your online banking account and enter the bank code. Then enter the same data as in the sign up for your online banking account (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction immediately. Basically, the use of immediate bank transfer as payment is available for every internet user if he/she has an unlocked online bank account using the PIN/TAN procedure. Please note that immediate bank transfer is still not available in some banks. For more information to see if your bank supports this service, please visit: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/
5. SELF COLLECTION
You also have the option to personally collect goods at; VIITA Watches GmbH, Johann Roithner-Strasse 131, 4050 Traun, Austria at the below indicated schedule and after telephone or written agreement (hello@viita-watches.com).
6. POST BOXES
We do not deliver to post boxes.
7. RETENTION OF TITLE
The goods remain our property until full payment has been received.
8. SHIPPING DAMAGE
If goods are delivered with obvious damages, please report such mistakes immediately to the delivery agent (e.g. post man/woman) and please do not hesitate to contact us as soon as possible. Failure to do so will consequently affect your legal rights and their enforcement, especially your warranty rights. However, they do help us to make our own claims for insurance against the carrier or transportation companies.
9. WARRANTY AND GUARANTEES
Statutory warranty rights apply. Information on any applicable additional guarantees and their exact conditions can be found on each product and on information pages in the online shop.
10. WARRANTY AND LIABILITY
10.1 VIITA Watches GmbH does not guarantee that the www.viita-watches.com platform or the necessary hardware and software constantly work and are completely free from errors.
10.2 VIITA Watches GmbH does not guarantee that the data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
10.3 The utilization of the offers of VIITA Watches GmbH by the user is entirely at the user’s own risk. This is fully applicable to;
10.3.1 The use of the application or hardware, including, but not limited to, (i) the respective smartphone.
10.3.2 Downloading users own content or content of third parties, and
10.3.3 The user expressly acknowledges that any exploitation by the user of data created by VIITA Watches GmbH or provided byVIITA Watches GmbH may be flawed. VIITA Watches GmbH accepts to the extent permitted by law, no responsibility for the accuracy of such data.
10.4 The use of any software or hardware of VIITA Watches GmbH does not replace consultation with a medical specialist by the user.
10.5 In addition, VIITA Watches GmbH makes no guarantee for external links, banners or other information and promotional offers that may be presented to the user. VIITA Watches GmbH is not responsible for the services of third party providers. Legal and concluded transactions that occur between the user and a third party, e.g. on linked sites or banners, which lead to a contractual relationship, are exclusively made between the user and the third party.
11. DISCLAIMER
11.1 VIITA Watches GmbH is only liable under the existing legal provisions, for whatever legal reason (pre-contractual, non-contractual) only when damage by VIITA Watches GmbH, was caused by gross negligence or wilful misconduct. In cases of slight negligence VIITA Watches GmbH is not liable to any companies or to consumers in terms of loss of life, limb or health. A liability of VIITA Watches GmbH to companies for consequential damages, mere pecuniary losses, loss of profit or damages resulting from claims of third parties is excluded.
11.2 Except for the cases prescribed by law neither VIITA Watches GmbH nor their related VIITA Watches GmbH companies, is liable for damages created by the use of the online or mobile services. This also applies to damages resulting from errors, problems, viruses or loss of data.
11.3 VIITA Watches GmbH assumes no liability for the downloaded material or the material which the user has received as a result of utilization of the service on the www.viita-watches.com platform. The user alone is liable for any damage that could cause failure to his computer system, or for the loss of data due to the downloading of any performance related material of the www.viita-watches.com platform.
11.4 The user accepts full responsibility for any complaint, judicial proceedings, extrajudicial or any other type, which in any way causes conflicts with other users. The user acknowledges and accepts that VIITA Watches GmbH under no circumstance is responsible for any damages or omissions of others. Not even in relation to the said acts.
12. INDEMNIFICATION BY THE USER
12.1 The user shall indemnify VIITA Watches GmbH from all claims raised by third parties against VIITA Watches GmbH due to a violation of their rights by the user within the VIITA Watches GmbH network, its content or by other use of the available network applications of VIITA Watches GmbH. The user takes over the cost of any legal defence of VIITA Watches GmbH, including all court costs and attorney fees at the statutory rate. This does not apply if the infringement is due to no fault of the user.
12.2 The user is obliged to immediately inform VIITA Watches GmbH truthfully and completely in the event of a claim by a third party, providing any information necessary for an examination of the claims and to prepare a defence. In addition, claims for damages by VIITA Watches GmbH against the user shall not be affected.
13. CONTRACT TEXT STORAGE
The contract text is not stored by us.
14. LANGUAGE OF THE CONTRACT
The available languages for the contract are German and English.
15. PURPOSE
The VIITA Watch is a device for use in sporting activities, use for medical purposes is excluded.
16. POSSIBLE DAMAGES
It is expressly pointed out that the available data and values for training/treatment etc., provided by VIITA Watches GmbH only represent a recommendation and therefore due to physical or unknown damage could lead to an unwanted reaction. The liability for damage to health or previous injuries/accidents is therefore excluded.
17. REVOCATION
Withdrawal
You have the right to withdraw from this contract without reason within fourteen days. The withdrawal period shall be fourteen days from the date that you or a third party representative, with exception of the actual carrier have taken possession of the goods.
To exercise your right of withdrawal, you must inform by means of a clear statement (sent via recorded post, fax or email) to (VIITA Watches GmbH, Johann Roithner-Strasse 131, 4050 Traun, hello@viita-watches.com, phone: +43 7229/2 30 30 12) about your decision to withdraw from the contract. You can use the attached example of the withdrawal form, but it is not compulsory.
To safeguard the withdrawal period, it is sufficient that you send your communication concerning your exercise of the right before the expiration of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including the costs of supply (with the exception of any additional costs arising from the fact that you may have chosen a different method of delivery other than that offered by us, cheapest standard). Repayment will be made latest within fourteen days from the date on which the notification has been received, exercising your right to cancel the contract with us. For this redemption, we use the same method of payment that you used in the original transaction, unless otherwise expressly agreed; under no circumstances will you be charged fees because of 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 the earlier.
You must return or pass the goods immediately, and in any event no later than fourteen days from the date on which you informed us about the cancellation of the contract, to us at (VIITA Watches GmbH, Alex Ratay, Johann Roithner-Strasse 131, A-4050 Traun / Austria). The deadline is met if you send the goods before the deadline of 14 days. You must bear the direct cost of returning the goods. You will also be responsible to pay for any diminished value of the goods, when this value is due to a loss necessary to ascertain the nature, characteristics and functioning or handling of the goods.
Example – Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back to.)
– VIITA Watches GmbH, Johann Roithner-Strasse 131, 4050 Traun, hello@viita-watches.com
– I / We (*) hereby revoke I / We (*) withdraw from my/our (*) contract entered into for the purchase of the following goods (*) / provision of the following service (*)
– Ordered on (*) / received on (*)
– Name / consumer (s)
– Address of the / consumer (s)
– Signature of / consumer (s) (only for messages sent via post)
– date
(*) Delete where inapplicable.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
