General Business Terms
§ 1 Information about the seller; application area
1. Seller and thus your contract partner is:
WUNDERTEAM WIEN e.U.
Finanzamt Nummer: 09 040/4724
Gerichtsstand 1010 Wien
(hereafter called: „seller“ or „we“).
2. These business terms are valid for purchase contracts between the seller and customer with delivery address in the region of the European Union and Switzerland.
§ 2 Contract conclusion;
saving of the contract/order data
1. The contract conclusion is done in German language.
2. The display of the product offer in the Internet by the seller does not pose to be a legally binding offer but is only to be regarded as a request to the customer to make a binding purchase offer on his part. The contract is made according to the following standard: a. You provide your contract offer with your order in the online shop. When ordering in the online shop you have to click the button “Buy” after the conducted inspection and confirmation of the statements to the ordered goods as well as after entering your personal data, including information to the method of payment as well as inspection and possibly correction of your statements. b. We accept your contract offer by delivering the ordered goods. Provided you have given us a valid email address you will receive a confirmation of your order via email. This order confirmation does not pose to be an acceptation declaration.
3. You can and should save these general business terms and possibly further order/contract data sent with the order confirmation and/or print via the button ” print”. The order/contract data are saved by us. Should you lose your order/contract data we will gladly send you a copy of your order/contract data by your request.
§3 Right of rescission
1. Right of rescission
Users can withdraw their contract agreement within 14 days without statement of reasons in text form (e.g. letter, fax, email) or by returning the item.
The term commences on the day after receiving the goods and this statement of rights in text form. The timely dispatch of the withdrawal or the item is sufficient to adhere to the term.
The return is to be addressed to:
WUNDERTEAM WIEN e.U.
or via email to email@example.com
2. Exclusion of the right of rescission
The right of rescission is NOT valid for contracts for the delivery of a. goods that were produced by customer specification or are clearly tailored to the personal needs, or b. goods that are not adequate for return shipment due to their state, or might spoil quickly or whose expiration date would be exceeded, or c. Audio- or video recordings or of software, provided that the supplied data carriers were unsealed by the consumer, or d. newspapers, magazines, and illustrated magazines.
3. Consequences of the rescission
The consumer is obligated to return the goods upon exercising his right of rescission if the goods can be shipped in a package. The return shipment takes place at our own risk. The consumer must pay for the immediate costs of the return shipment if the delivered goods correspond to the ordered goods and if the consumer has not yet rendered the counter performance or a contractually agreed partial payment in case of a higher price at the time of the rescission. In case of an effective rescission the mutually received performances are to be returned and possibly derived benefits (e.g. interest) are to be handed over. If the consumer cannot return the received performance in whole or partially or only in a worsened condition, he must pay us damage compensation. This is not valid if the worsening of the goods is due only to the inspection of the same – as it would have been possible in a store for example. Apart from that the consumer can avoid the value compensation obligation if he does not use the goods as his possession and refrains from all actions that impede their value. The consumer must fulfil obligations for the compensation of payments within 30 days after the statement of his rescission. The right for warranty due to faulty or goods not corresponding to the ordered goods is not affected by the right of rescission. End of the right of rescission
§ 4 Order number
In order to guarantee a smooth processing of your return and to be able to accelerate the return process it is recommended to label the return package with the order number of the purchase process. Due to the order number a smooth processing of the return shipment is possible.
§ 5 Delivery, prices, shipping costs, fees
1. Provided no deviating agreements exist, the delivery of the goods is done ex storage to the stated address • in case of delivery via cash on delivery at the latest within 4 days as of the receipt of your order • in case of advance bank transfer within 4 work days as of payment receipt, provided that a clear allocation to the order is possible by the data stated on the bank transfer, or • in case of credit card payment within 4 work days after credit card debit. Delivery is done with the Österreichische Post AG or with a package service provider.
2. The seller is authorized to partial shipments, insofar these are reasonable for the customer. There are no further shipping costs for possible later deliveries. Should the goods you ordered not be available and the contract with you not be effective yet we reserve the right to offer you goods equal in price and quality. It is up to you to accept this offer or decline it. Should the contract already be effective, both parties to the contract can resign from the contract in the case that the ordered goods are not available. In case of withdrawal we will inform you immediately about the non-availability, and compensate you immediately for the counter performance already given, if applicable.
3. Expenses (hereafter: shipping costs) become due for the shipping and packaging of the ordered goods, provided no deviating agreements exist (e.g. in the framework of so-called free shipping actions). The shipping costs stated in the framework of the goods presentation and/or offer description are valid.
4. All prices contained in these general business terms and in our online shops are stated including the respectively legal value added tax
§ 6 Warranty
The legal warranty regulations are valid.
§ 7 Liability
The seller is liable without limitations for damages to a person (violation of life, body, or health). The seller is only liable for other damages, especially material damages and pure asset damages in case of gross negligence or intentionally culpable behaviour. Regarding the material damage the liability for only slight negligently caused damages is excluded.
§ 8 Payment conditions
1. You must generally pay for the ordered goods in advance. The seller provides different payment options for the processing of your order:
a. In case of payment cash on delivery the payment to the forwarding company is done exclusively in cash. Cash on delivery fee amounting to 6,75 EUR are to be paid to the delivering company.
b.In case of an order in the online shop you can transfer the amount to our bank account in advance. You will receive the account data necessary for the advance payment in text form, e.g. via email. No transaction costs will be billed for the advance transfer. After receipt of payment we will initiate delivery of the ordered goods to you immediately.
c. In case of payment via credit card the invoice amount will be debited to your credit card account immediately after your order. We accept Visa and MasterCard. No credit card fees will be billed for order in the online shop. After receipt of payment we will immediately initiate delivery of the ordered goods to your address.
2. For counteracting the risk of payment failure we reserve the right to conduct a delivery only against payment in advance by bank transfer or deny it in case of founded doubts concerning your ability to pay or your credit worthiness.
3. The purchaser can only offset such claims that were indisputable. Legally confirmed or explicitly acknowledged by the seller.
§ 9 Data protection
1. The seller saves the order data necessary for the order processing (name, address, email address, insofar you have stated it in your order in the online shop). The data required for goods dispatch (name, address) are forwarded to our hereby-assigned contract partner (logistics company) if required for the purpose of goods dispatch. Beyond that, we save the necessary data like time of order and time of goods dispatch for the internal order control.
2. Your order data (name, address) are collected, processed, and used by us for purposes of advertisement, market and opinion research. Of course you are authorized to oppose this use of your data anytime. Should we have received your electronic mail address in connection with the sales of goods or services, we will use this address for direct marketing for similar goods or services. Of course you are authorized to oppose this use of your data anytime. You can send your objection to:
WUNDERTEAM WIEN e.U.
3. Your order and payment data is processed and used by us for the purpose of internal evaluation of the payment behaviour for further orders.
§ 10 Retention of title
The goods delivered to you remain the property of the seller up to full payment.
§ 11 Final clauses
1. These GTC are exclusively subject to Austrian law under exclusion of the UN sale of goods law.
2. Should a clause of these GTC be invalid, impossible, or be or become void, no matter for what reason, the effectiveness of the other clauses remain untouched by this.
3. Place of jurisdiction is Vienna. Austrian law is applicable.