General Terms and Conditions for the Wiener Nimmerland Webshop
Status: 1.12.2024
For reasons of better readability, we refrain from using the language forms male, female and diverse (m/f/d) at the same time. All personal designations apply equally to all genders.
1. Scope
1.1 These General Terms and Conditions (GTC) apply between the person placing the order (client) and Wiener Nimmerland (contractor or simply "we/us"). They are valid for all orders placed either via the Wiener Nimmerland webshop or by email. In the webshop we offer merchandise items printed with our logo (T-shirts, tops, sweaters, hoodies, fabric bags, caps and beanies).
1.2 Wiener Nimmerland is a small business according to §6 UStG, therefore our prices do not include VAT.
1.3 By submitting an order, the customer confirms that he has read and agreed to the General Terms and Conditions.
2. Conclusion of contract
2.1 The presentation of the goods in the web shop does not constitute a legally binding offer. The contract is concluded as soon as the customer submits the order by clicking on the "order with payment" button, thereby making a legally binding contract offer, and the order is then confirmed by us by email. The order is therefore only considered accepted when the customer receives a confirmation email to this effect.
3.2 If an item is not available, we reserve the right to refuse the order. In such a case, the customer will be informed
3. Prices and payment terms
2.1 All prices quoted are final prices excluding VAT (according to the small business regulation according to §6 UStG).
3.2 For orders placed via the web shop, one of the payment methods offered can be selected during the ordering process: credit card, PayPal, EPS and instant bank transfer via Klarna.
3.3 For orders sent to us by email, payment is only possible by bank transfer, PayPal or cash on collection.
4. Delivery and Shipping
4.1 Shipping in the webshop is only available to Austria and Germany. Customers from other EU countries can order by email and contact us in advance to find out about the shipping costs.
4.2 Shipping takes place once a week, always on Wednesdays. Orders received by Tuesday evening will be shipped on Wednesday. If there is a high volume of orders, shipping may also take place in between, but this is not guaranteed.
4.3 The goods will only be dispatched after full payment has been received into our account.
4.4 Alternatively, there is the possibility of collection in the 2nd district of Vienna daily between 10:00 and 18:00 (by prior appointment).
4.5 The shipping costs for Austria and Germany are automatically calculated and displayed during the ordering process in the web shop.
4.6 Shipping and delivery times
5.1 Cancellation policy
5.1 Right of withdrawal
The customer is entitled to cancel this purchase agreement within 14 days without giving reasons. The cancellation period begins on the day on which the customer or a person appointed by him (if this is not the transport service provider) receives the goods.
To withdraw from the purchase contract, the cancellation can be sent in writing to Wiener Nimmerland by email to (kontakt@wienernimmerland.at) or by post (Wiener Nimmerland, Venediger Au 4, 1020 Vienna). For this purpose, simply use the cancellation form used, but this is not mandatory.
In order to comply with the 14-day deadline, it is sufficient to send the cancellation notice before the expiry of this period.
5.2 Consequences of revocation
If the purchase is cancelled, the customer will receive a refund of the entire amount paid when ordering, including shipping costs (except for any additional costs resulting from choosing a shipping method other than the cheapest standard delivery). The refund will be made within 14 days of receipt of the cancellation notice, using the same payment method used by the customer for the order, unless otherwise agreed. Under no circumstances will there be any additional costs for the refund.
However, the refund may be withheld until the goods are returned to us or the customer has provided proof of return, whichever happens first.
5.3 Return of goods
After the written cancellation, the customer must return the goods to Wiener Nimmerland immediately, but no later than 14 days later, or hand them over personally (after making an appointment) in the 2nd district. In order to meet the return deadline, the goods must be sent before the 14 days have expired.
5.4 Return costs
The cost of returning the item(s) is borne by the buyer.
5.5 Replacement value
Any loss of value of the goods shall only be compensated if this loss of value is due to handling which is not necessary to check the quality, properties and functioning of the goods.
6. Cancellation form
The form for the cancellation of the contract can be copied here or as PDF downloaded, and send it to us by email or post. It is only intended to facilitate the revocation and is not mandatory.
Please send by post to the following address: Wiener Nimmerland, Venediger Au 4, 1020 Vienna
Please send an email to the following address: kontakt@wienernimmerland.at, with the subject "Revocation".
sample cancellation form
I hereby revoke the contract I concluded for the purchase of the following goods:
Ordered on:
Received on:
Invoice number:
Invoice amount:
Customer name:
Customer address: Reason for cancellation (optional & voluntary):
Date:
7. Warranty and liability for defects
7.1 The statutory warranty rights apply to all our products. If an article has defects, the customer is entitled to have the product repaired or replaced.
7.2 The defect must already be present at the time of delivery and not have been caused by the customer afterwards. This also applies to defects that are only noticed later. A defect exists if a product deviates significantly from the description and does not have the stated properties.
7.3 Warranty claims can be made within two years of receipt of the goods. If a defect is reported within 1 year, Wiener Nimmerland must prove that the product was free of defects when it was handed over. If the defect is reported after 1 year, the customer must prove that the defect was already present when it was handed over.
7.4 The goods offered in the webshop on the website are presented in the form of photographs. Minor deviations between the representation and reality may be due to technical reasons and do not constitute a defect (e.g. color differences due to lighting and camera settings).
8. Liability
8.1 Wiener Nimmerland is liable for damages caused by our intentional or grossly negligent conduct.
8.2 We shall only be liable for simple negligence if essential contractual obligations are breached.
8.3 Wiener Nimmerland assumes no liability for technical malfunctions or the accessibility of the webshop.
9. Data protection
The protection of customer data is a high priority for us. Detailed information can be found in our Privacy Policy to find.
10. Note on online dispute resolution
The European Commission is providing a platform for online dispute resolution (OS) However, we are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. Final provisions
11.1 Any agreements between the customer and Wiener Nimmerland may deviate from the General Terms and Conditions. However, this does not result in the invalidity of the entire contract.
11.2 The contract language is German.
11.3 These Terms and Conditions and the contractual relationship between the Customer and Wiener Nimmerland are subject to Austrian law.
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