Terms and Conditions - myWorld Products
Last amended: June 2022
Preamble
a. myWorld International Limited, a company registered
at 3rd floor, 40 Bank Street, London E14 5NR, United Kingdom,
operates worldwide a Benefit Program (“Benefit Program”) which enables
participating customers (“Members”) to receive benefits (“Benefits”) by
purchasing goods, services, travels, etc. (“Purchases”) at the myWorld
online-platforms, at online Loyalty Merchants and at local Loyalty Merchants
(together “myWorld and Loyalty Merchants”). In the local countries myWorld
International Limited uses its respective subsidiary company or appropriate
cooperation partners for processing and conducting the Benefit Program.
b. myWorld 360 AG, Grazbachgasse 87-93, 8010 Graz,
Austria, (“myWorld”) can be the service provider of the myWorld products, as
provided in these Terms and Conditions. If this is the case, myWorld has agreed
with myWorld International and it´s respective local subsidiary, that myWorld
may sell the offered goods in the subsidiaries respective regional field of
competence, in its own name and at its own expense.
myWorld 360 AG (myWorld)
Grazbachgasse 87-93,
8010
Graz
Austria,
E-Mail customerservice@myworld.com
Court of registry: Landesgericht für ZRS Graz, Company registry: FN 389134g.
UID-Nr.:
ATU67661657
1. SCOPE
1.1. myWorld runs the online shop myWorld
Products, which can be found at shop.myworld.com.
Via this website, you can purchase products from myWorld.
1.2 The
present Terms & Conditions regulate the business relationship between myWorld
and the buyers of myWorld Products ("You" or “you”) when purchasing
goods via myWorld Products.
1.3. In addition to these Terms
& Conditions, the Terms of Use, which can be found at shop.myworld.com, are also applicable to you.
1.4. myWorld addresses its offers on
myWorld Products to consumers according to the Consumer Protection Act.
2. MINORS
myWorld does not allow minors access, otherwise known
as person who are not yet 18 years of age and are not yet considered capable in
the eyes of the contractual regulators, access to myWorld Products. Products
for children can only be purchased via myWorld Products by persons over the age
of 18 and deemed as capable in the eyes of contractual regulators.
3. CONCLUSION OF
CONTRACT
3.1. Your placing of an order for a
product from myWorld via myWorld Products represents an offer to myWorld to
complete a purchase contract. If you place an order with myWorld, myWorld
will send you a notification which confirms receipt of the order and includes
details of your order (order confirmation). This order confirmation does
not represent an acceptance of your offer but rather informs you that your
order has been received by myWorld. A purchase contract only exists at
the moment full payment of the purchase price has been made by you.
3.2. Should myWorld establish,
whilst processing your order (prior to dispatch confirmation or existence of
the applicable purchase contract) that the product which you have ordered is
not available, you will be informed of this via separate email. In this case,
myWorld expressly reserves the right to cancel the order. If you have already
paid the purchase price, myWorld will return it to you. myWorld uses the same payment
method you selected during the ordering process.
3.3. myWorld has the possibility to
refuse the order if it is misused or if it violates the General Terms and Conditions.
3.4. In order to cancel the order
free of charge prior to the arrival of the dispatch confirmation, irrespective
of your right to withdraw in according with Clause 4 of these Terms &
Conditions, please send an email or a contact form to the support.
3.5. You consent to being able to
receive invoices electronically. Electronic invoices are made available
to you in a format which can be both saved and printed out in your Login area
of the website.
3.6. Products from myWorld Products
are sold in common household quantities.
4. RIGHT OF
WITHDRAWAL – Instruction on the right to withdraw
4.1. Right to withdraw in accordance § 3a KSchG
You may withdraw from the purchase contract within 14
days without providing any justification for your actions, if – without your
cause - relevant circumstances for your consent, which myWorld has most
probably presented during the course of contractual negotiations, do not or
only partially occur.
The following circumstances are deemed relevant:
·
The
expectation of participation or consent of a third party, which is required, so
that the service can be provided by the entrepreneur or can be used by the consumer;
·
the
prospect of tax benefits;
·
the
prospect of public funding; or
·
the
prospect of credit.
The withdrawal period begins as soon as you recognize
that the aforementioned conditions are no longer or only partially in existence
and you have received a written instruction concerning the right to withdraw or
a copy of the current terms and conditions of sale. The right to withdraw ends 14
days following contractual completion by both parties at the very latest. The
deadline has been adhered to if you declare your intention to withdraw and you
have sent off the documentation detailing your intention to do so before the
deadline has expired. The declaration of intention is not restricted to a
certain form. Your declaration of intention to withdraw should be submitted to:
myWorld 360 AG
(myWorld)
Grazbachgasse 87-93,
8010 Graz
Austria,
E-Mail customerservice@myworld.com
Consequences of withdrawal in accordance with § 4
KSchG:
With the withdrawal ends the contractual relationship
between you and myWorld and your obligations under this contractual
relationship.
Within 14 calendar days of receipt of the declaration
of withdrawal, myWorld shall reimburse any amount received from you, including
interest, and reimburse any necessary and useful expenses. Accordingly, you
have 14 calendar days as of dispatch of the intention to withdraw to return the
products received along with any possible compensation for any loss of value
which might have taken place. If the
provision of the services already provided by myWorld is impossible (e.g. due
to material consumption), you have to pay myWorld the value of the service, but
only to the extent that it gives you the clear and predominant advantage.
4.2. Right
to withdraw in accordance with § 11 FAGG
You can withdraw from the sales contract or your
contractual declaration within 14 days, without provision of
justification.
The withdrawal period begins as follows:
a. As of the day on which you take possession of the
goods;
b. If you have ordered several different products as part
of one order and the goods are all delivered separately, on the day that you
receive delivery of the last consignment of the goods;
c. In the case of delivery of a good in several partial
shipments from the day on which you obtain possession of the first delivered
goods
The declaration of intention is not restricted to a
certain form. The deadline has been
adhered to if you declare your intention to withdraw and you have sent off
documentation detailing your intention to do so before the deadline has
expired. Your declaration of intention
to withdraw should be submitted to:
myWorld
360 AG (myWorld)
Grazbachgasse 87-93,
8010 Graz
Austria,
E-Mail customerservice@myworld.com
You can declare your intention to withdraw using this
form which can be found at shop.myworld.com.
Consequences of withdrawal in accordance with § 14 and
15 FAGG:
With the withdrawal ends the contractual relationship
between you and myWorld and your obligations under this contractual
relationship.
myWorld has is obliged to refund any sum received from
you within 14 calendar days of receipt of your wish to withdraw and to
recompense you for any expense incurred including delivery charges. Should you have decided to choose any other
form of delivery other than the myWorld standard delivery offered to you, you
have no right to receive compensation for the surcharge incurred as a result of
this. myWorld can refuse to perform the refund until it has received the goods
or you have provided proof of having returned the goods. This does not apply if
myWorld has offered to pick up the goods itself.
Likewise, you have 14 calendar days as of dispatch of
the intention to withdraw to return the products received along with any
possible compensation for any loss of value which might have taken place. You accept no liability for loss of value if
myWorld has not made you aware of the Right to Withdraw in accordance with 11
FAGG. You must not return the goods if myWorld has offered to pick up the
goods. The returns period is observed if
the goods were sent off within this period.
The costs incurred from the return of the goods must be covered by the
consumer, however, this does not apply if myWorld has decided to cover the
costs or if myWorld has neglected to inform the consumer that she or he should
cover the costs. myWorld must then collect the goods at their own expense if
the goods cannot be sent in the post due to their condition.
The goods must be returned to the following address:
c/o TecCenter Lebring
Philipsstraße
27
8403
Lebring
Austria
In accordance with the Distance Selling Act or outside
of business premises for contractual relations which are closed (§ 18 FAGG),
the consumer has no right to withdraw from the contractual relationship when
purchasing
a.
goods
or services where the price is dependent on the fluctuations of the financial
market, over which the business owner has no influence and which could take
place during the withdrawal period,
b.
goods
that are made to customer specifications or clearly tailored to personal needs
c.
goods
which could spoil quickly or whose expiration date would quickly be exceeded,
d.
goods
which were sealed on arrival and, for reasons of health, safety and hygiene,
cannot be returned should the seal have been removed on receipt,
e.
goods
that have been inseparably mixed with other goods after delivery due to their
nature
f.
alcoholic
drinks, whose price was agreed upon when the contract was drawn up, which
cannot be delivered earlier than 30 days before contract completion and where
the current value is dependent on fluctuations on the market, over which the
business owner has no influence,
g.
sound
or video recordings or computer software, which were delivered in sealed
packaging, should this seal have been removed following delivery,
h.
newspapers,
magazines or illustrations with exception of subscription contracts regarding
the delivery of such publications,
i.
the
delivery of digital content which has been saved on a data storage device of
some kind, if myWorld - with the express consent of the consumer, in connection
with the acknowledgement of the loss of right to withdraw should the contract
be fulfilled prematurely, and following the provision of a copy of confirmation
- has initiated delivery prior to expiry of the withdrawal period.
5. PRICES
5.1. All prices displayed on myWorld
Products are inclusive of VAT. However, the stated purchase price does not
include the cost of delivery, service or shipping as well as any applicable
customs costs. To determine whether, and to what extent, custom costs are
incurred in your country for the products ordered, you are responsible for familiarizing
yourself with the customs regulations of your country (see Point 9) The
purchase price and the delivery, service and dispatch costs are listed in the
order overview.
5.2. Despite the commercially
reasonable efforts on the part of myWorld, products can occasionally be
displayed with the wrong price. myWorld checks the prices when processing your
order and before taking payment. If a product is displayed with an
incorrect price and the correct price is higher than that displayed on the
website, myWorld will contact you before shipping the goods (prior to dispatch
confirmation) in order to ask you whether you would like to purchase the
product for the correct price or wish to cancel the order. You can, as
long as you are prepared to purchase the goods for the correct price, submit an
order for the goods at this price within a week. If we receive no
response from you, no purchase contract will be drawn up (see Point 3.).
6. PAYMENT AND
ACCOUNTING
6.1. The offered payment methods on myWorld
Products will be displayed during the ordering process.
6.2. You are not entitled to a
specific payment method.
7. RESERVATION OF PROPIETARY RIGHTS
Ordered goods remain the property of myWorld up until
such time as you have paid the purchase price in full.
8.
DELIVERY
8.1. Delivery is made to the
delivery address provided by the customer during the order process. On
the website, you will find tips relating to the availability of products which
are sold by myWorld (for example, on the relevant product details page). The
delivery time is approximately 6 working days, unless special, product-specific
delivery times are specified on the relevant product detail page.
8.2. In the event that the item
cannot be delivered to the customer because the goods delivered did not fit
through the customer's front door, house entrance or stairway or because the
customer was not encountered at the delivery address provided, although the
time of deliver was conveyed to the customer in good time, the customer must
cover the costs of the failed delivery.
8.3. Transport Damage
Whenever possible, visible damage resulting from
transportation must be immediately reported to the carrier. Additionally,
obvious damage resulting from transportation must be reported to myWorld
immediately. Your statutory warranty rights remain unaffected.
Damage must be reported to:
myWorld 360 AG (myWorld)
Grazbachgasse 87-93,
8010 Graz
Austria
E-Mail customerservice@myworld.com
8.4. Incorrect Delivery
Should goods other than the goods ordered arrive (i.e.
incorrect delivery), a complaint can be issued within 14 days after receipt of
the incorrect delivery. You undertake to return the incorrect goods (unused)
within 14 days of receipt in the condition in which you received them.
Your statutory rights remain unaffected. Complaints must be sent
to:
myWorld 360 AG (myWorld)
Grazbachgasse 87-93,
8010 Graz
Austria
E-Mail customerservice@myworld.com
Returns must be sent to
myWorld
360 AG
c/o
TecCenter Lebring
Philipsstraße 27
8403 Lebring
Austria
9. CUSTOMS
It is visible on the product details page if myWorld
offers delivery to locations outside the EU. If you order products from
myWorld with delivery outside of the EU and myWorld offers delivery to such
destination, you may be required to pay import duty and taxes which are then collected
once the package reaches the specific destination. Any additional fees for
customs clearance must be paid by you; myWorld has no influence over these
fees. Custom regulations differ greatly from country to country, meaning that
you should contact your customs authorities locally for more information.
Please be aware that you are seen as an importer for the purposes of
making orders with myWorld and that all laws and regulations of the country in
which you receive the products must be observed. Data protection is
important to myWorld and myWorld would like to make you aware that cross-border
shipments are subject to opening and inspection by the customs authorities.
10.
WARRANTY
10.1. If your place of residence,
habitual place of residence or place of employment is within the European
Union, you have warranty claim rights for a period of up to two years,
beginning from the delivery of goods and may request the repair or replacement
of goods purchased should they be defective or not as described. Should
the goods not be able to be replaced within a reasonable time or cannot be
repaired without difficulty, you are entitled to a refund or a reduction of the
purchase price.
Warranty claim for contracts that are not subject to
the Consumer Protection Act, i.e. for contracts that are concluded in the
context of your business activity, is excluded.
10.2. If your warranty has been
fulfilled in the form of a replacement delivery, you are required to send back
the damaged goods, at the expense of myWorld, within 30 days to the following
address:
myWorld
360 AG
c/o
TecCenter Lebring
Philipsstraße 27
8403 Lebring
Austria
11. MYWORLD LIABILITY
11.1. myWorld is liable without
limitation for damages arising from loss of life, personal injury
or damage to health caused by an intentional or negligent breach of duty
by myWorld.
11.2. myWorld is also liable without
limitation for other damages arising from an intentional breach of myWorld's
duties. An intentional breach of duty is in existence should myWorld or its
vicarious agents not perform a duty on purpose, i.e. knowingly and
intentionally.
11.3. For other damages caused by a
grossly negligent breach of myWorld's duties, myWorld's liability is
limited to typical and foreseeable damage. A gross negligent breach of duty
comes into existences if myWorld or its vicarious agents not perform a
duty due to a notable lack of concern, or that the behavior deviates from
the due diligence and care in the extreme.
11.4. myWorld accepts only limited
liability for typical and foreseeable damages resulting from
slight negligent breach of obligations, which are fundamental for the
adequate and proper performance of the contract and on whose fulfilment the
seller accordingly trusts and may trust (cardinal obligations).
11.5. As far as the liability of
myWorld is limited or excluded, such limitations or exclusions shall also
apply for the personal liability of myWorld employees, legal representatives
and vicarious agents.
11.6. Any further claims for damages are excluded, subject to
the following information in Clause 11.7. This especially applies to any
liability regardless of fault for initial defects.
11.7. The limitations and exclusions
of liability pursuant to this Clause 11.1 to 11.6 shall in no way affect
the liability of myWorld in compliance with the mandatory legal provisions of
the Product Liability Act.
11.8. The user has the opportunity
to filter the selected products according to a diverse range of criteria (for
example, according to price). myWorld accepts no liability, however, for any
mistakes which might occur during filtration of the products on offer.
12. APPLICABLE
LAW
Austrian Law applies with exception of UN Purchase Law
(CISG) and the conflict of law. The competent court in Graz shall have
exclusive jurisdiction for all potential disputes arising out of or in
connection with these terms and conditions. For contracts involving consumers,
the consumer has the choice between the court in whose district the domicile,
habitual residence or place of employment of the consumer is located and the
jurisdiction located at the myWorld premises. Although Austrian Law is
applicable to the present business relationship, you can also call on the
mandatory consumer protection regulations implemented by the state in which you
live, insofar as this state is a member state of the European Union. In
this case, you may file a claim in connection with these conditions of use
which are the result of consumer protection norms, both in Austria and the EU
member state where you live.
Complaints/online dispute resolution/arbitration procedure
The European Commission makes a platform for the
purpose of online dispute resolution available via https://ec.europa.eu/consumers/odr/ ('OS Platform'). myWorld strives to
resolve all potential differences of opinion which could conceivably arise from
this contractual relationship amicably. Furthermore, myWorld is not
obliged to participate in an arbitration procedure and cannot offer you the
opportunity to partake in such a procedure.