TERMS & CONDITIONS
1.1 These General Terms and Conditions (“T&Cs”) shall apply to contracts concluded between Wolfensson GmbH, Habsburgergasse 1a, 1010 Vienna, Austria, firstname.lastname@example.org (“we”, “us”) and the customer via our website www.wolfensson.com (“website”) unless expressly agreed otherwise.
1.2 Concluding contracts shall be possible only under these terms. We must expressly approve terms deviating, opposing, restricting or supplementing conditions of the customer so that they become a contractual component on a case-by-case basis. In particular, acts performed by us for contractual fulfilment shall not be considered to be approval of any terms that deviate from these T&Cs.
1.3 In the event of several, temporally disparate contract conclusions, the version of the T&Cs accepted by the customer at the time of submission of the contractual declaration (see Pt 3 below) shall be applicable – regardless of the registration of the customer as per Pt 2. Conclusion of several contracts with a specific customer shall not form the basis for either a continuing obligation or any other claim to renewed conclusion of a purchase agreement.
1.4 We reserve the right to modify these T&Cs at any time and unilaterally for future contract conclusions. The currently applicable version of the T&Cs shall be released with a version notice under the “T&Cs” heading.
2.1 The customer must be at least 18 years old and thus fully legally competent. Upon registration, the customer confirms the accuracy of his/her details, in particular his/her name, age and address.
2.2 An order of the customer can be placed on our website after successful registration, only. On the website, the customer can place a registration request and choose an access password for his/her internal area. Upon acceptance of the registration by us, the customer shall receive a confirmation at his/her designated email address.
2.3 We reserve the right to deny or revoke a registration request or an existing registration without stating a reason. A revocation shall have no effect on contracts already concluded. These shall be fulfilled by both sides.
2.4 The customer shall be responsible for keeping his/her access data confidential. We can only verify whether the access password matches a properly activated user authorisation. We shall not be obligated to perform any further verification.
3. Placing an Order and Conclusion of Contract
3.1 The presentation of our products on the website is not an offer in the legal sense. The offer is made by the customer by completing the order process for the selected articles. The customer has the option to verify his/her order and correct any errors before submitting the offer. The offer of the customer shall become legally binding by clicking on the “Order with obligation to pay” button. After submitting the order, the customer can no longer modify the order.
3.2 After we receive the order, the customer shall receive an automatic confirmation via email regarding the receipt of the order. Such receipt confirmation does not constitute any acceptance of the offer. Acceptance can occur only through a separate, written order confirmation by us or through actual delivery of the ordered product(s) within the agreed delivery period. We are entitled to refuse orders without stating a reason, in particular in the event that the ordered article is unexpectedly already out of stock.
4.1 As an alternative to ordering according to Pt 3, customers also may submit an offer for specific products by using the “Deal” function and thus negotiate with us the price of the desired products. This option shall be available only to customers whose account has previously been activated to the “Deal” function by us at our sole discretion. The “Deal” function is not an online auction.
4.2 The “Deal” offer is made by the customer after selecting the desired products and submitting the proposed price by the customer by clicking on the “Offer a binding deal” button. This offer shall be binding for the customer and cannot be modified any longer.
4.3 After we receive the “Deal” offer, the customer receives an automatic confirmation via email regarding the receipt of the offer. Such receipt confirmation does not constitute any acceptance of the “Deal” offer.
4.4 The customer shall be bound by his/her “Deal” offer from the confirmation of receipt of the customer’s “Deal” offer until the end of the following working day (Monday to Saturday) (thus in the event of an order received on Thursday at 4:00 p.m., this period shall end on Friday at 11:59 p.m.). Within this period, we expressly accept or reject the “Deal” offer of the customer or submit to the customer a counteroffer via email.
4.5 In the event that we make a counteroffer, the customer shall have the option to accept this offer by the end of the following working day (Monday to Saturday) by expressly declaring acceptance via email or by clicking the “Accept the deal” button in his/her customer profile on the website (thus for a counteroffer made on Friday at 12:00 p.m., this period shall end on Saturday at 11:59 p.m.). After expiry of this period, we shall no longer be bound by our counteroffer. In case the customer accepts the “Deal”, the customer shall receive a separate, automatic confirmation via email.
4.6 Apart from that, the provisions of Pt 3 shall apply also to the “Deal” function.
5. Prices, Delivery and Shipping Costs
5.1 The prices stated on the website are retail prices, including value-added tax (VAT) and packaging. We indicate to the customer all additional freight, delivery, shipping or other costs before the customer submits an offer, provided that these costs can reasonably be calculated in advance. Otherwise, we point out before the customer submits the offer that such additional costs might occur.
5.2 Tariffs, if any, shall be borne by the customer him-/herself.
5.3 The delivery and shipping costs shown on the website wolfensson.com/shipping shall arise as shipping costs.
6. Payment Terms
6.1 Unless otherwise agreed in writing, the purchase price shall be due in full and without deduction, in each case, immediately upon acceptance of the offer, thus upon conclusion of the contract and before delivery of the ordered products.
6.2 The purchase price can be paid via PayPal, credit card, on account or by pre-payment. In the event of payment via PayPal or credit card, we shall debit the amount of the purchase price upon conclusion of the contract.
6.3 Should debiting the amount according to Pt 6.2 be impossible for reasons for which the customer is responsible or should our payment service provider issue a negative credit check of the customer, then it shall be at our discretion to request that the customer submits pre-payment within a suitable period or to withdraw from the contract for good cause.
7. Terms of Delivery
7.1 Provided that the products are in stock the order shall generally be delivered (dispatched by us) within two working days from conclusion of contract, respectively from receipt of payment in the event of pre-payment.
7.2 We choose the carrier according to our best judgment, but without guaranteeing the selection of the fastest and cheapest shipment.
7.3 The delivery times shown on the website wolfensson.com/shipping correspond to the basic information of the carrier and shall serve as non-binding guidelines. They shall be extended by all circumstances that are independent of the control of the parties, such as, for example, force majeure events, unforeseeable operating malfunctions, intervention from authorities, transport and customs clearance delays, damage in transit, rejection of production parts and labour disputes; the extension shall amount to the duration of the hindrance.
7.4 Delivery will be made to the delivery address specified by the customer. Any costs caused by negligent designation of an incorrect delivery address by the customer or by unjustified refusal to accept the delivery shall be borne by the customer.
7.5 As an alternative to delivery of the order, the customer can also select the option to collect the products at one of our business premises (“pick & collect”) in the course of the ordering process. The ordered products shall be ready for collection two working days after conclusion of contract respectively after receipt of payment in the event of pre-payment for a period of 14 days. If the order is not picked up by the customer within one month, we shall be entitled at our own discretion to (i) send the products at the customer’s expense to the address provided by the customer upon registration (Pt 7.2 shall apply accordingly); or to (ii) withdraw from the purchase agreement after having appropriately urged the customer via email to pick up the ordered goods and having set an additional grace period of five working days (in this case, we shall refund payments of the customer, if any).
8. Right of Withdrawal
8.1 If the customer is a consumer within the meaning of the Consumer Protection Act (Konsumentenschutzgesetz, KSchG), s/he shall have the right to withdraw this contract within fourteen days without giving any reason.
8.2 The withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer who is not the carrier takes possession of the products.
8.3 In order to exercise the right of withdrawal, the customer must inform us (Wolfensson GmbH, Habsburgergasse 1a, 1010 Vienna, Austria, email@example.com) of his/her decision to withdraw this contract by an unequivocal statement (e.g., a letter sent by post, fax or email). The customer can, but is not required to, use the model withdrawal form included below for this purpose.
8.4 To meet the withdrawal deadline, it is sufficient that the customer sends the notification regarding the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
8.5 If the customer withdraws from this contract, we must refund to the customer all payments that we have received from him/her, including any delivery costs (except where the customer has opted to collect the order), without delay and within fourteen days from the day on which we receive the notification of withdrawal of this contract, at the latest. We shall use the same payment method for this repayment that the customer used for the initial transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged any fees for this repayment.
8.6 We may refuse repayment until we have received the products back or until the customer has provided evidence that s/he has sent the goods back, depending on which happens earlier.
8.7 The customer must send back or surrender the products to Wolfensson GmbH, Habsburgergasse 1a, 1010 Vienna, Austria, without delay and, in any case, not later than within fourteen days from the day on which s/he notified us of the withdrawal of this contract. The period shall be complied with if the customer dispatches the products before expiry of the period of fourteen days.
8.8 The customer shall bear the immediate costs of returning the products.
8.9 The customer must compensate for any loss of value in the products only if such loss of value is not due to necessary measures for checking the condition, characteristics and functionality of the products.
Exceptions from the Right of Withdrawal
8.10 The customer shall have no right of withdrawal in the cases listed in Section 18 FAGG [Fern- und Auswärtsgeschäfte-Gesetz, Austrian Distance Selling Act].
8.11 In particular, the customer shall have no right to withdraw from contracts regarding:
Products that are made to the customer’s specifications or are clearly personalised;
Products that are delivered sealed up and are not suitable for return due to health protection or hygiene reasons, provided that their seal was removed after delivery;
Products that, due to their nature, have been inseparably mixed up with other goods after their delivery.
Model Withdrawal Form
8.12 The customer can use the following form and send it to us if s/he wishes to withdraw from the contract:
To Wolfensson GmbH, Hofgasse 9, 1050 Vienna, Austria, email: firstname.lastname@example.org
I/we (*) hereby withdraw from the contract concluded by me/us (*) regarding the purchase of the following products (*):
Ordered on (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for notification on paper)
(*) Please delete as appropriate.
9.1 With respect to consumers, the statutory warranty provisions shall apply in the event of defective products, provided that nothing to the contrary is agreed below with respect to entrepreneurs. The warranty shall not apply in the event of damage that arises due to improper use or handling of the product by the customer. The same shall apply to ordinary wear.
9.2 The product images on the website and/or in our folders may vary with regard to colour and size from the appearance of the delivered products due to resolution and size. The delivered products shall be considered in compliance with the contract if the delivered pieces adhere to the other, written product specifications.
9.3 The customer must check the delivered products after receipt as far as possible for completeness, accuracy and other freedom from defects, in particular for integrity of the packaging, and notify us of any defects via email sent to email@example.com and including a brief description. This shall solely serve for faster and more effective processing of defect notifications, if any. Violation of this obligation shall not result in any limitation of the statutory warranty rights of the consumer.
9.4 If the customer asserts justified warranty claims, we will bear the costs of the return. Otherwise, costs for shipping shall be borne by the customer. Defective products thus shall be sent back only at our express request.
9.5 If the customer is an entrepreneur, s/he must check the delivered products after receipt as far as possible for completeness, accuracy and other freedom from defects, in particular for integrity of the packaging. In case defects exist, the customer must send a notification of these within an appropriate time period, but not later than four working days after receiving the products, via email sent to firstname.lastname@example.org. If the entrepreneur does not send notification of any defect within the complaint period, the delivery shall be considered approved and thus all claims, such as, for example, warranty, avoidance due to error or damage compensation due to a later-claimed deviation or defect, shall be omitted (Section 377 UGB [Unternehmensgesetzbuch, Austrian Commercial Code]). This shall apply also with regard to misdeliveries or deviations from the delivery quantity, if any.
9.6 If the customer is an entrepreneur, we shall have the exclusive choice of legal remedy for correcting of the timely reported defect. It shall be at our discretion also to annul the agreement immediately.
9.7 If the customer is an entrepreneur, s/he shall bear the costs for sending the products back for correction, respectively for exchange.
10.1 We shall be liable for damage according to the statutory provisions. However, liability for damage caused by slight negligence shall be excluded. This limitation of liability shall not apply to damage due to loss of life, bodily injury or damage to the health of people or for claims according to the Product Liability Act (Produkthaftungsgesetz).
10.2 Customers who are entrepreneurs shall proof the existence of intent or gross negligence and assert claims for damages within one year from the transfer of risk. The provisions contained in this T&Cs or otherwise agreed provisions regarding damages shall apply also if the claim for damages is asserted along with or instead of a warranty claim.
10.3 If the customer is an entrepreneur, recourse claims, if any, within the meaning of Section 12 Product Liability Act shall be excluded, unless the party entitled to recourse proves that the error was due to causes lying within our sphere and was caused at least by gross negligence.
10.4 We shall bear no liability for uninterrupted function of the website that is provided free of charge. We shall be entitled at any time, even without giving notice, to perform work on the website that could involve a shut-down/interruption. Similarly, we shall not be obligated to provide a specific server capacity. Thus, overloads and longer response times must be expected.
11. Right of Retention
11.1 Justifiable returns shall not entitle customers who are entrepreneurs to retention of the total invoice amount, but rather shall entitle them to retain only an appropriate part of the invoice amount. The statutory right of retention of consumers shall not be limited.
12. Information obligation of customers
12.1 The customer shall be obligated to notify us immediately of changes to his/her residential, respectively business, address and contact data during proper registration (for example, via the profile settings on the website). If the customer fails to notify us of changes, then statements shall be considered as received even if they are sent to the last declared address of the customer.
13. Place of Jurisdiction, Applicable Law
13.1 The exclusive place of jurisdiction for all disputes arising from this contract shall be the court having local and subject-matter jurisdiction for 1010 Vienna, Austria. This shall apply only provided that the customer is an entrepreneur and for consumers who neither have their residence or ordinary abode in Austria nor are employed in Austria on the date the claim is filed.
13.2 The substantive law of the Republic of Austria shall apply with the exclusion of the conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall apply only to the extent that mandatory provisions of the law of the country in which s/he has his/her habitual residence are not deprived.