AGB

1. General

All offers and services provided by the WagnerWien Online Shop to the customer, as well as the use of the website and all subdomains belonging to this domain, are based exclusively on the following General Terms and Conditions. Amendments, supplements and side agreements to these terms require written form to be valid. Terms and conditions of the customer that deviate from our General Terms and Conditions shall not become part of the contract

2. Conclusion of Contract in the Online Shop

 

The offers of the online shop on the internet constitute a non-binding invitation for the customer to order goods.

By placing an order online, the customer submits a binding offer to conclude a purchase contract.

The WagnerWien Online Shop is entitled to accept this offer within a maximum of 3 calendar days by sending an order confirmation. Acceptance takes place by confirmation of the order by WagnerWien via email

4. Delivery Times

 

 

 

 

Delivery is made by sending the goods to the address provided by the customer, subject to the packaging and shipping costs indicated. If the customer requests a special type of shipment that incurs additional costs, the customer shall bear these costs.

Delivery is possible within Austria and within the European Union.

The delivery time within Austria is generally up to 7 working days, beginning on the day following the order.

For deliveries abroad, the delivery time is generally up to 15 working days. Packaging and shipping costs are, unless otherwise stated, charged separately according to weight.

In the event of delivery delays, such as force majeure, traffic disruptions or other events not attributable to the online shop, no claim for damages may be made against us.

5. Packaging and Shipping Costs

For orders, we deliver within Austria according to the shipping costs indicated in the online shop.

6. Payment, Default of Payment and Retention of Title

Payment for deliveries within Austria is possible via:

PAYPAL/CREDIT CARD

The customer is obliged to pay the purchase price during the ordering process.

ADVANCE PAYMENT (VORKASSE)

If paying in advance, you will receive an email from us with the exact invoice details. Please be sure to enter your email address and/or phone number in the order form so that we can contact you. Please indicate your name and invoice number as the payment reference so we can assign your payment to your order.

CASH ON DELIVERY (NACHNAHME)

For cash-on-delivery shipments, Österreichische Post AG charges an additional fee of EUR 7, which must be paid by the recipient.

Until full payment is received, the delivered goods remain the property of the WagnerWien Online Shop (retention of title). Before the transfer of ownership, any disposition of the goods—especially pledging, transfer by way of security, processing or transformation—is not permitted without the express consent of the online shop. In the event of third-party access to the goods subject to retention of title, the customer is obliged to notify WagnerWien immediately and point out the retention of title to the third party. If the customer intends to resell goods to third parties, they must pass on the retention of title of WagnerWien. If payment deadlines are exceeded, we must charge reminder and processing fees.

7. Prices

The prices of the listed goods are final prices including 20% VAT and other price components. They do not include packaging and shipping costs (see No. 5).

8. Right of Withdrawal (by WagnerWien)

WagnerWien is entitled to withdraw from the contract for important reasons. Important reasons include, in particular:

• the opening of insolvency proceedings concerning the customer,
• the dismissal of insolvency proceedings due to lack of assets, or
• non-payment or partial payment by the customer despite written reminder.

In the event of withdrawal, WagnerWien may choose to claim a lump-sum compensation of 15% of the gross invoice amount in addition to reclaiming the purchase price, or claim compensation for actual damages.

Should WagnerWien, after conclusion of the contract, discover that the ordered goods are no longer available or cannot be delivered for legal reasons, WagnerWien reserves the right to offer goods of equivalent quality and price or to withdraw from the contract. Payments already received will be refunded immediately in the event of withdrawal.

In the event of printing errors in product descriptions, WagnerWien is entitled to immediately withdraw from the contract; in such cases, claims for damages against WagnerWien are excluded.

9. Return Policy

Unused items may be returned by a consumer within the meaning of the Consumer Protection Act in their undamaged original packaging within 7 working days after delivery. Saturdays do not count as working days. The consumer bears the return shipping costs and must pay WagnerWien a reasonable fee for use, including compensation for depreciation.

Consumers are asked to contact us before returning items and to use our address listed below for returns. Items custom-made or altered for the consumer cannot be returned. Reduced items are also excluded from return.

10. Right of Withdrawal and Consequences

The instructions on your right of withdrawal and its consequences are attached as an annex and form part of these General Terms and Conditions.

11. Transport Damage

The customer must inspect the goods upon receipt. If transport damage is found, the recipient/customer must immediately file a damage report with the carrier (shipping service). If partial loss or damage is not externally visible, the customer must notify WagnerWien within five days of delivery or the carrier within seven days of delivery to ensure timely assertion of claims. The customer will support WagnerWien in asserting claims against the carrier or transport insurance.

The customer’s warranty rights remain unaffected.

12. Warranty

12.1 In the event of defects, the customer is initially entitled only to improvement (remedy of defect).

12.2 Consumers may choose between improvement or replacement. However, WagnerWien may refuse the chosen remedy if it is possible only at disproportionate cost and the alternative remedy does not result in significant disadvantages for the consumer.

12.3 For entrepreneurs, WagnerWien shall provide warranty at its discretion through improvement or replacement.

12.4 The customer is not entitled to remedy the defect themselves or to have it remedied by third parties without the consent of WagnerWien. Any costs incurred for such unauthorized remedy will not be reimbursed.

12.5 If improvement fails, the customer may, in accordance with legal provisions, request a price reduction or, in the case of non-minor defects, rescind the contract.

12.6 For new goods, the warranty period is two years for consumers and one year for entrepreneurs, starting from delivery of the goods. Any manufacturer warranties listed in the offer apply only to the manufacturer. WagnerWien provides no additional guarantees.

12.8 No warranty is provided for damages caused by improper use, handling, or willful damage.

12.9 Entrepreneurs must inspect goods for defects and report obvious defects immediately in writing; otherwise warranty claims are excluded. Timely dispatch of the notice is sufficient.

13. Data Protection

The data you provide will be used solely for processing your orders. All your data is treated strictly confidentially. Data is passed on to third parties (e.g., shipping services) only if necessary for order processing. However, we assume no liability for data security during internet transmission (e.g., due to provider errors) or unauthorized third-party access. Login data sent to the customer upon request must be kept strictly confidential, as we assume no responsibility for its use. Any further transfer of personal data occurs only with your express consent.

14. Copyright

All displayed logos, images and graphics are the property of the respective companies and subject to copyright of the respective licensors. All photos, logos, texts, reports, scripts and programming routines on these pages that are our own developments or have been prepared by us may not be copied or used without our consent. All rights reserved.

15. Validity of the GTC

By placing an order, the customer accepts the General Terms and Conditions of WagnerWien. If any provision of these Terms and Conditions is invalid for any reason, the validity of the remaining provisions remains unaffected. Oral agreements require written confirmation. The place of performance and jurisdiction, unless otherwise required by law, is Vienna. Austrian material law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

Annex: Withdrawal Policy

Customers have the right to withdraw from their contract regarding purchased goods. You may withdraw your contractual declaration within 7 working days without giving reasons, in written form (e.g. letter, fax, email) or by returning the goods. Saturdays do not count as working days. The period begins on the day the goods are received by the consumer. It is sufficient to send the declaration to WagnerWien within the withdrawal period.

 

 

 

Consequences of Withdrawal

 

In the event of a valid withdrawal, both parties must return any received goods or payments, and any benefits derived (e.g. interest) must be surrendered. If you cannot return the received goods wholly or partly, or only in a deteriorated condition, you must compensate us accordingly.

Deterioration caused by intended use is not considered. Furthermore, the obligation to compensate does not apply if the deterioration is due solely to examining the item—such as would be possible in a physical store.

If the delivered goods correspond to the order, you must bear the return shipping costs.

The right of withdrawal does not apply to goods made to customer specifications or to contracts for the delivery of newspapers, magazines or illustrated magazines.

Commercial Register: Commercial Court of Vienna FN: 367894x