General Terms and Conditions (GTC) Webshop

1. General

1.1 Orloff’s Window Cleaning Services (OWCS), trading as Justin Rafael Orloff e.U., operates an online shop, available at http://orloffs.at/shop/, where professional window cleaning goods and services are offered for sale.

1.2 When you (the buyer) purchase goods and online services from the OWCS webshop, on completion of payment, you agree to these General Terms and Conditions (GTC) by clicking “Accept”; from this point on, a legally binding contract is entered into between you (the buyer) and OWCS.

1.3 OWCS expressly declares that it only enters into contracts based on these GTCs. Other terms and conditions, in particular those of, supplied by or referred to by the buyer, do not apply. Oral side agreements are not binding.

1.4 All content and products of OWCS, in particular, but not limited to videos, scripts, texts, documents, articles and photographs, are and remain the exclusive intellectual property of OWCS and are protected by copyright.
“Intellectual Property” means all present and future intellectual property rights worldwide, whether registered or not, including copyrights, trademarks, technical data, designs, corporate and domain names, trade secrets and know-how, whether created before or after the date of this agreement.

2. Online products

2.1 By accessing the online products, you represent that you can legally use a credit card to pay for the online product(s).

2.2 OWCS online products are made available to develop and fine-tune the customer’s window cleaning ability.

2.3 As OWCS online products are presented over the internet, it is necessary for the customer to have access to a good and stable internet connection. For the best experience, a laptop, tablet or mobile phone running the latest software is needed. If you do not have access to these services and hardware, you may not be able to access the online products.

2.4 Augmented reality (AR) Squeegee training. The AR Squeegee training is a training tool designed to assist you in mastering your squeegee turns and should be used in a stationary position. We recommend that customers only use AR in a location free from obstacles where safety is guaranteed. Customers should not use it close to public roads, in proximity to moving vehicles, people or animals, or anywhere where there is a chance of falling over or into open fall zones.

3. Pricing and Payment process

3.1 The prices are those listed at the time of the order, including VAT and all shipping costs. Before the transaction is completed, they are displayed in the shopping cart and in the customer’s order confirmation. If export or import duties are owed during shipping, the customer is responsible for paying them. Invoices are issued in euros.

3.2 OWCS reserves the right to change the conditions for the respective legal transaction at any time. Prices quoted include Austrian sales tax (20%).

3.3 Payments for all products and services are processed using the online “Stripe” credit card service.

3.4 If the user does not meet the contractual payment obligations, access to the online products will be blocked. User access will be unblocked once the outstanding amount has been paid.

3.5 Payment: Once you have selected the desired product, you can place it in the shopping cart without obligation by clicking the button “add to cart”. You can view the contents of the shopping cart at any time without obligation by clicking the button “to shopping cart”. You can remove the products from the shopping cart by clicking the button “delete”. If you wish to place an order for the products in the shopping cart, click “checkout”. Then enter your data. The first time a customer places an order, it will be necessary for the customer to register as a “New User”. For all further orders, it is sufficient to enter the login and password created by the user during the initial registration. Your data will be transmitted in encrypted form. After entering your data and selecting the type of payment and delivery, the button “Confirm Order” will take you to the order page, where you can recheck your entries. You complete the ordering process by clicking the button “Submit Order”. You can correct your entries by pressing the “back arrow” of the browser. The ordering process can be cancelled at any time by closing the browser.

3.6 Business customers must provide a UID number in the payment information field. The UID number will be checked to ensure the registered business name matches the registered address.

4. Customer’s right of withdrawal

4.1 You have the right to revoke this contract within 14 days of the conclusion of the contract without giving any reason. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract using a clear declaration sent to the email address below.

Please direct your request to the following:
Subject: “Widerrufserklärung.”
Email: office@orloffs.at

When submitting your “Right of withdrawal declaration”, please ensure that you provide your invoice number, email address and bank account details for a hasty turnaround. OWCS will send you an acknowledgement of receipt of the revocation as soon as possible with a “Return Number” by email.

4.2 The Effects of Withdrawal
If you terminate this contract within fourteen (14) days, OWCS will reimburse all funds paid upon receipt of the unwanted product. Unwanted products are to be returned unused and in a resaleable condition. No refund will be granted if the inspection shows the products were used or damaged. Unless otherwise agreed, OWCS will use the same method to reimburse your funds that was used for the initial transaction.

4.3 In case of a return, you must bear the return shipping costs. Unless the delivered goods do not correspond to the ordered goods.

4.4 Online content/course products
Provided the Online Course has not been accessed, OWCS will reimburse all funds paid if you request a refund from us within 14 days of your course payment. Because of the material’s composition, we do not offer refunds where you change your mind. OWCS may provide a partial refund.

5. Warranty and Guarantee

5.1 Any damage sustained in transit or otherwise caused as a consequence of shipping is not covered under the product warranty.

5.2 All products are covered under the manufacturer’s warranty. This is limited to 12 months from receipt of the goods by the buyer.

5.3 Any defects should be reported to OWCS upon delivery within 14 days. A free replacement will be granted, for which a reasonable period must be given.

5.4 OWCS as the operator of this webshop provides goods and services with great care and consideration for your well-being and safety but is not liable for any compensation for consequential damage and other property damage, financial loss and damage to third parties. You (the buyer) take full responsibility for using these goods and online services.

5.5 Jegliche vermutete Abnutzungsschäden müssen von OWCS beurteilt werden. Verschleiß oder Missbrauch fallen nicht unter die Garantiebestimmungen von OWCS.

5.6 Items that show they have been forcefully broken or damaged by impact or excessive force will not be covered under any warranty arrangement. The items will have to be returned to OWCS at the customer’s expense for assessment before a replacement is authorised.

5.7 Any modification to the equipment supplied by OWCS without prior consent or agreement automatically invalidates any warranty provided by OWCS in respect of the goods supplied.

5.8 OWCS cannot guarantee that online products are accessible at all times. Updates can and will take place without notification. Updates können und werden ohne Ankündigung stattfinden.

5.9 OWCS’s business language is English. All communication, regardless of the nature, shall be made in English. Any communications or correspondence received in languages other than English may result in OWCS taking longer than usual to respond to the query and/or in no reply at all.

Disclaimer:

1. While great care has been taken in creating our online courses to help you develop relevant window cleaning skills, all information is provided as part of the online courses in general.

2. Our online courses do not take your individual circumstances into account. Many factors are essential in determining whether you will achieve tangible results in window cleaning skills development, and there is no guarantee that you will achieve any specific results within any time frame or at all.

Shipping

1.1 You can have your online order delivered to your home. The shipping costs are shown to you at the end of the ordering process in the shopping cart.

1.2 Depending on the shipping address, some bundle products can be shipped free of charge.

1.3 OWCS only offers delivery within the European Union (EU), Liechtenstein, and Switzerland. All shipping rates can be found below. If your country is not listed, contact OWCS for specific country shipping at this email address: office@orloffs.at

1.4 Shipping pricing can only be quoted when the selected products are in the shopping cart.

1.5 For specific shipping requirements or instructions, please leave a comment in the notes at checkout.

1.6 OWCS strives to keep shipping costs and shipping times as accurate as possible. Occasionally, oversized products and specific locations may incur higher pricing and longer shipping times.

1.7 Liability is included for the real value of goods plus shipping costs.

1.8 These prices are as accurate as possible within the general parameters of weight, size and location but may change at any time without notice.

Austria
Up to 2 kg – EUR 5.00 inc tax
Up to 5 kg – EUR 7.00 inc tax

Germany
Up to 5 kg – EUR 12.00 inc tax flat rate

General Terms and Conditions (GTC) Service

1. General

1.1 The following terms and conditions form an integral part of the contract. Unless otherwise expressly agreed to in writing, Orloff’s Window Cleaning Service (OWCS) does not recognise any conflicting or divergent terms and conditions and/or other restrictions. The terms and conditions of the contracting party, if any, are only binding on OWCS if such terms and conditions are separately recognized and expressly agreed to by OWCS.

1.2 On-site facilities: Appropriate access for tools, equipment and vehicles is required. Keys to access private and/or common courtyard gates and/or doors must be made available. Access to basements and rooftop attic spaces must be guaranteed, where necessary. Access to tap water must be provided.

1.3 Temperature limitations, weather conditions below 10 degrees Celsius can and/or will result in the agreed services being rescheduled to a time and day agreed between both parties. If on any given day the temperature reaches or exceeds 40 degrees Celsius, the services to be rendered can and/or will be rescheduled to a time and day agreed by both parties in the interests of ensuring safe working conditions.

1.4 Working conditions are deemed unfit and unsafe if on the day on which the service is to be rendered, it is very windy, noisy, or the light is poor resulting in reduced visibility. Further, working conditions are unsafe in the event of thunder and lightning, if there are too many people in, around or passing through the area where the windows are to be cleaned, or if there are items or possessions in the way of or close to the windows that hinder or make it too difficult or dangerous to provide the services agreed. Furthermore, working conditions are deemed unsafe if the presence of pets, regardless of whether they are dangerous or tame, represent a hazard or distraction.

1.5 In the event of any downtime during which OWCS are on-site and ready to work but are nevertheless unable to perform the contracted services for reasons beyond our control (including, but not limited to, circumstances where we have to wait for a key to be provided to us, or where we are unable to access windows due to fences, doors, or blinds being locked or closed), will incur additional charges to the original quoted price.

1.6 If a duration is not expressly stipulated in the quotation between the customer and OWCS, OWCS shall continue to clean for an indefinite period until all windows and surfaces covered by the contract have been cleaned in accordance therewith. OWCS wishes to offer the fastest professional cleaning service physically possible.

2. Price and Payment

2.1 All prices are quoted in Euros without tax unless otherwise stated. Material costs (all necessary cleaning equipment and machines, transport costs, liability insurances at the time of submission) are included.

2.2 20% VAT will be added to the price.

2.3 At OWCS’s sole discretion, the price is either:
(a) as indicated on invoice or quotation provided by OWCS to the customer in respect of services supplied or offered; or
(b) OWCS quoted price (subject to clause 2.1), which is binding on OWCS provided that the customer accepts OWCS’s quotation in writing within one (1) month.

2.4 OWCS reserves the right to change the price of any product or service it offers to the customer in the event of any variation to the original scope of services quoted.

2.5 At OWCS’s sole discretion:
(a) payment is due on provision of the service(s); or
(b) payment is due before provision of the service(s).

2.6 Payment terms will be stated on the invoice, failing which payment is due ten (10) days after the invoice date.

2.7 Payment will be made by cash, or by bank transfer, or by any other method agreed between the customer and OWCS.

2.8 Receipt by OWCS of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. Until then OWCS’s ownership or rights in respect of the services shall continue.

2.9 OWCS has a “no paper invoice” policy. A request for a paper invoice must be submitted in writing via email to office@orloffs.at before commencement of the contracted work.

2.10 Default of payment within ten (10) days of the due date on account of a failure to submit a paper invoice request will incur a EUR 300 minimum charge fee (inc. VAT).

2.11 The above terms apply if no specific written terms are submitted to OWCS and approved before the commencement of the contracted work.

3. Cancellation

3.1 OWCS may cancel any contract to which these terms and conditions apply or cancel the provision of services at any time before the services are provided by giving written notice (i.e. email or SMS). On giving such notice, OWCS shall repay to the customer any sums paid in respect of the prepaid invoice amount. OWCS is not liable for any loss or damage whatsoever arising from such cancellation.

3.2 Customers may cancel services at any time. On the day cancellation of scheduled work will incur a EUR 300 minimum charge fee (inc. VAT). If there are extenuating circumstances, OWCS may waive the above fees at its discretion (i.e. in the event of death, or serious illness).

4. Premature contract termination

4.1 The Customer may not invoke non-performance or poor performance as grounds for the premature termination of the contract. Any complaints about non-performance or poor performance must be made in writing immediately, otherwise the customer has no claim for compensation and/or termination. OWCS is under no legal obligation to acquiesce to the premature termination of the contract unless it has received five written complaints within one year and has had the opportunity to remedy the situation and properly address the complaints regarding non-performance.

4.2 In the event that the client fails to make any payments when they fall due, OWCS is entitled to rescind the contract with immediate effect.

4.3 If there is any doubt about the solvency or creditworthiness of the customer, OWCS is entitled to withdraw from the contract, and/or request advance payments before services are provided under the contract.

4.4 Suspension of payments, the opening of insolvency proceedings or the liquidation of the buyer releases OWCS from its obligation to deliver goods or render performance.

5. Warranty and liability

5.1 OWCS is liable for material and professional performance. When the order is placed, the customer is obliged to notify OWCS immediately of any defects, damages, etc. in writing or provide photographic documentation demonstrating the existence of such defects or damage. Any defects and damage of which you notify OWCS after completion or later are not covered by the warranty and will be disregarded. If no final inspection takes place, the order is considered duly completed.

5.2 Waiver of Liability. The customer agrees to hold OWCS free and harmless in the event of fabricating debris being discovered and/or determined to be present on any TSG glass (thermally pre-stressed), heat-treated, heat strengthened, and or any tempered glass found on location. The customer agrees to waive any liability of OWCS for any blemishes, marks, marring, burns, discolouring, time delayed fine or microscopic scratch growth which may and/or can become visible over a 24 – 48 or even 72 hour period, that may appear on said glass after normal and post construction professional window cleaning methods.
The customer is entirely aware and understands that OWCS uses only professional grade tools, methods, and procedures for cleaning glass, and agrees that OWCS has been retained to provide such services. International Window Cleaning Association (IWCA) has provided and published an accepted post construction method for the removal of fabricating debris and other soils from window glass surfaces .
The customer is aware and agrees that OWCS has no control over the quality of glass as it is manufactured, delivered, installed, fabricated, and assembled and has no control over the quality of finishing operations on cladding around glass, either wood or other materials, on and/or around glass. The customer agrees that OWCS has no control over any other trades that may come into contact with said glass, and that OWCS will not be held liable for any damage, blemishes, marks, marring, burns, discolouring, etc., that any other trade may have created on the glass during manufacturing, delivery, installation, and or any finishing operations on said glass and or cladding, either wood or other types of surface. The customer agrees to and understands that OWCS will only proceed with cleaning, in the event of fabricating debris being found on any glass, with a waiver of liability signed by the customer. OWCS will not be held liable for any damage to any TSG glass (thermally pre-stressed), heat-treated, heat strengthened, and/or tempered glass. This waiver does NOT cover breakage due to negligence or mistreatment on the part of OWCS.