As a consumer, you can purchase goods from The Viennese Guy webshop exclusively under the following general terms and conditions (B2C contracts).
These GTC do not apply to orders placed by entrepreneurs (B2B contracts). In the case of orders placed by an entrepreneur (B2B contract), the contractual terms and conditions shall be agreed separately depending on the respective order quantity and the order effort.
The Viennese Guy-Webshop is aimed at consumers with residence or habitual abode in Austria. The ordering and contract language is German.
2. conclusion of contract
By presenting our goods in The Viennese Guy-Webshop, we invite you to make a binding offer to purchase the respective goods. When you click on the button "order with costs" in The Viennese Guy-Webshop, you make a binding offer (hereinafter also referred to as "order") to purchase the respective goods. A contract is only concluded after we have accepted your offer. You can only place an order if all mandatory fields marked with * in the order form are filled in. If any information is missing or if we cannot accept your offer for any other reason, you will receive an error message.
Please note that all offers in The Viennese Guy-Webshop are subject to change and non-binding. We will notify you of the receipt of your order via the e-mail address you have provided. This notification does not constitute an acceptance of your offer on our part. The contract is only concluded either by our separate written acceptance (order confirmation) or by the actual delivery of the goods. Upon conclusion of the contract, we will send you the applicable GTC either together with the separate written acceptance (order confirmation) or together with the delivery of the goods.
All prices are in EURO and include all taxes. The prices quoted do not include shipping costs. The respective shipping costs can be found in the shipping costs overview. The purchase price of the ordered goods including the respective shipping costs is due and payable at the time of the order (advance payment).
We accept the following payment methods: prepayment, eps-transfer, credit card and Paypal.
We would like to point out that our goods may only be manufactured after payment has been received, the longest period of time until dispatch can be found in the respective item description.
Unserer Lieferzeit beträgt im Allgemeinen zwischen 1 und 3 Werktagen ab Vertragsabschluss. In Ausnahmefällen und bei größeren Mengen kann die Lieferzeit jedoch bis zu 21 Tagen betragen, beispielsweise, wenn wir die entsprechenden Materialien erst nachbestellen müssen. Sollten sich aus welchen Gründen auch immer längere Lieferzeiten als 21 Werktage ergeben, informieren wir Sie darüber und wir werden Ihnen in diesem Fall das Recht einräumen, von Ihrem verbindlichen Angebot bzw. dem Vertrag, sofern dieser bereits zustande gekommen ist, zurückzutreten. Falls Sie die Annahme der Ware verweigern oder mit der Annahme in Verzug geraten, sind wir berechtigt, auf die Annahme der Ware zu bestehen und von Ihnen Ersatz für die zusätzlich anfallenden Versandkosten zu verlangen.
5. retention of title
The delivered goods remain our property until full payment has been made.
The provisions on the statutory warranty shall apply. The warranty period for the delivery of movable goods is 2 years from the date of acceptance of the goods.
Complaints on the basis of statutory warranty claims or other complaints can be asserted under the contact details stated under point 13 of these GTC and under the contact details stated in the imprint.
7. right of withdrawal
As a consumer within the meaning of the Distance Selling and Transactions Act, you have the right to revoke this contract within fourteen days without stating any reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
Attention: There is no right of withdrawal for goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
In order to exercise your right of withdrawal, you must inform us, Firma Markus Oliver Radakovits, Wiedner Hauptstraße 113/9, 1050 Vienna, email@example.com, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the provided model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation :
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract.
For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract, Company Markus Oliver Radakovits, Wiedner Hauptstraße 113/9, 1050 Vienna, or to be handed over directly at The Viennese Guy-Concept Store, Wiedner Hauptstraße 113/9, 1050 Vienna.
The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
8. data protection
Data processing is carried out on the basis of the legal provisions of §96 para. 3 TKG (Telecommunications Act) and §8 para. 3 Z4 DSG (Data Protection Act).
Attention: We would like to point out that for the purpose of simplifying the shopping process and for the subsequent processing of the contract, the IP data of the user are stored by the webshop operator within the framework of cookies, as are the name, address and credit card number of the purchaser. No data is transmitted to third parties, with the exception of the transmission of credit card data or PayPal data to the respective banking institution for the purpose of debiting the purchase price.
The customer agrees that his personal data, namely name, address, credit card number, email address, telephone number are processed and stored for the purpose of order management, whereby the customer expressly acknowledges that the data will be stored until revoked by the customer.
Right of withdrawal:
You have the right to revoke your consent in writing at any time.
All our goods are based on our own (design) drafts. They may not be copied, nor may photos of them be used or exploited without our prior written consent.
We reserve the right to take express legal action in the event of infringement.
10 Severability clause
If any provision of this Agreement is or becomes invalid or unenforceable, the remainder of the Agreement shall not be affected. Such provisions shall, to the extent permitted by law, be automatically replaced by valid and enforceable ones which economically achieve the intended purpose as best as possible.
11. place of jurisdiction
If a consumer within the meaning of the Consumer Protection Act (KSchG) has his domicile or habitual residence in Austria, the place of jurisdiction for actions against this consumer shall be the place where the consumer has his domicile or habitual residence.
12 Applicable law
Unless mandatory law provides otherwise, Austrian law shall apply - to the exclusion of the UN Convention on Contracts for the International Sale of Goods and of conflict-of-law rules.
Markus Oliver Radakovits
Wiedner Hauptstraße 113/9