Terms and Conditions
These general terms and conditions (GTC for short) apply to all contracts that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the goods and / or services presented by the seller in his online shop. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed. Different conditions of the customer do not apply, unless we have agreed to their validity in writing.
Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2. Contractual partner
You conclude a contract with your purchase on www.wunderwuzzi.at with:
Wunderwuzzi Roboter e.U.,
Hüteldorfer Straße 257A/15,
1140 Wien, Austria
- hereinafter referred to as "seller" or "we" -
3. Offer and conclusion of contract
The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to make a binding offer by the customer.
The customer can submit the offer via the online order form integrated in the seller's online shop. The customer submits a legally binding contract offer by clicking the button that completes the ordering process.
The seller can accept the customer's offer within two working days,
by sending the customer a written order confirmation or an order confirmation in text form by email, whereby the receipt of the order confirmation by the customer is decisive, and
by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, and
by asking the customer to pay after placing his order.
The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the second working day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form by email after the order has been sent. The seller will not make the contract text accessible beyond this.
Before placing the order through the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen.
Only the German and English languages are available for the conclusion of the contract.
The order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
4. Delivery terms and delivery times
Our offers are open to all customers who are resident or have their registered office in a member state of the European Union and, moreover, individual countries worldwide only on request.
The delivery times specified in the online shop apply. This is approximate.
If we are prevented from complying with the delivery deadlines by force majeure (e.g. strike, natural disasters) or other circumstances for which we are not responsible, we will inform you as soon as possible.
Weitere Infos zum Versand finden sich auf der Versandinfoseite und sind ebenfalls Teil der AGBs:
5. Property claim
All goods delivered by us remain our property until full payment of the purchase price owed.
In the assertion of the retention of title, there is only a withdrawal from the contract if this is expressly declared. Only original, undamaged and unused goods can be taken back. We are entitled to offset transport and manipulation expenses incurred. In the event of third-party access to the goods subject to retention of title - in particular through attachments - the customer undertakes to point out our ownership and to inform us immediately. If the customer is a consumer or not an entrepreneur whose ordinary business involves trading in the goods we have purchased, he may not dispose of the reserved goods until the outstanding purchase price has been paid in full, in particular not sell, pledge, give away or lend them. The customer bears the full risk for the goods subject to retention of title, in particular for the risk of destruction, loss or deterioration.
6. Contract cancellation by the company
In the event of a delay in acceptance or other important reasons, such as bankruptcy of the contractual partner, bankruptcy rejection due to lack of assets, or in the event of delayed payment by the customer, we are entitled to withdraw from the contract, provided that both parties have not yet fully fulfilled it.
In the event of withdrawal by fault of the customer, we are entitled to claim damages in the amount of the damage actually incurred.
If the customer defaults on payment, we are released from all further performance and delivery obligations and are entitled to withhold outstanding deliveries or services and to demand advance payments or guarantees or to withdraw from the contract after setting a reasonable grace period.
If the ordered goods are no longer available due to an unforeseen event such as a delivery failure by a pre-supplier, product recall by the manufacturer, system errors, etc., we reserve the right to withdraw from the contract or to create a replacement offer.
7. Right to cancellation by the customer
More infos here: here
8. Place of performance
The place of performance for all services is the seat of our company. The law of the Republic of Austria applies to all legal relationships between the parties, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, if the customer is an entrepreneur. This choice of law does not apply to consumers.
If the customer is an entrepreneur, the exclusive place of jurisdiction is the place of business of the seller.
9. Warranty and liability
The warranty is subject to legal regulations.
Wunderwuzzi Roboter e.U. guarantees that the products are free from defects at the time of delivery (dispatch) to the customer, which impair the value of the device or its basic suitability for normal use.
An insignificant reduction in value or usability remains unnoticed. Liability for normal wear and tear and improper handling is excluded.
If the device has been used in the meantime, a reasonable user fee may be charged. A discount can also be made due to the lack of accessories.
Visible defects must be reported in writing immediately, but no later than the next working day after receipt of the delivery, indicating the type and extent of the defect.
Hidden defects must be reported in writing immediately, but at the latest within 3 working days after their discovery.
If a notice of defects is not raised or not made in good time, the goods are considered approved.
The carrier (parcel service, post office ...) is responsible for any damage caused by transport. When taking over the consignment, the packaging must be checked for damage and, in the event of justified damage, notified to the carrier in writing or the acceptance refused, indicating the damage.
From the manufacturer's guarantee, Wunderwuzzi Roboter e.U. no obligations of any kind are enforced.
Damage or malfunctions caused by improper handling such as Moisture ingress, extreme temperature differences, contact with liquids, dirt, effects of mechanical forces such as: shock, pressure, bending and rough treatment are not subject to the manufacturer's voluntary warranty and will, if possible, be repaired or returned to the customer at no cost.
An exchange within the framework of the guarantee / warranty does not extend the guarantee / warranty period.
11. Liability, compensation
Liability of Wunderwuzzi Roboter e.U. for slight negligence is excluded in any case.
Compensation for consequential damage caused by a defect as well as compensation for damage by third parties is excluded.
Before putting technical devices into operation, the customer is obliged to carefully read the operating instructions accompanying the goods and to take note of the manufacturer's instructions for careful handling of the device.
For damage caused by improper handling and improper use of the goods, Wunderwuzzi Roboter e.U. cannot be held liable. or the device manufacturer. The manufacturer's respective guarantee conditions can be found in the enclosed guarantee information or on the manufacturer's website.
Wunderwuzzi Roboter e.U. is not liable for damage caused by technical defects on the Internet and in the transmission of electronic messages.
12. Product liability
Claims for recourse within the meaning of §12 of the Product Liability Act are excluded, unless the person entitled to recourse proves that the error was caused in our sphere and was at least grossly negligent.
13. Transfer of risk
With the dispatch or handover of the goods to the customer by Wunderwuzzi Roboter e.U. the risk passes to the contractual partner.
14. Assignments of claims
In the event of delivery subject to retention of title, the customer hereby assigns to us its claims against third parties, insofar as these arise from the sale or processing of our goods, until our claims are finally paid. The customer has to name his customers on request and inform them of the assignment in good time. The assignment must be made clear to the customer in the business books, delivery notes, invoices etc. If the customer is in arrears with his payments, the sales proceeds received must be segregated and the customer only holds them on our behalf. Any claims against an insurer have already been assigned to us within the limits of § 15 VersVG. Claims against us may not be assigned without our express consent.
15. Choice of law, place of jurisdiction
The customer gives his consent that all of his personal data, including those contained in the purchase contract, will be used by us in the performance of this contract and, in particular, will be saved and processed in an automated manner. The data is used by us to fulfill legal requirements and to process payment transactions. Customer data will not be passed on to third parties, unless this is absolutely necessary for the execution of the contract. Our contractual partners have been instructed about our data protection regulations and are obliged to do so. The customer is obliged to notify us of changes in his residential or business address and email address immediately, as long as the contractual legal transaction is not completely fulfilled by both parties. If the notification is omitted, explanations are also deemed to have been received if they are sent to the last address given.
16. Data protection, change of address
Austrian law applies. The applicability of the UN sales law is expressly excluded. The contract language is German. The Parties agree to Austrian domestic jurisdiction. If it is not a consumer business, the competent court at the registered office of our company is solely responsible for deciding all disputes arising from this contract.
Everything about privacy protection can be read here: Privacy
All news, graphics and the design of the website https://www.wunderwuzzi.at serve exclusively for the personal information of our customers. Use at your own risk. The reproduction, copying and printing of the entire website are only permitted for the purpose of ordering from https://www.wunderwuzzi.at as the operator of the virtual shop. Any further processing, duplication, distribution and / or public reproduction exceeds the normal use and constitutes a violation of copyright.
18. Disclaimer of liability
The information provided on this website has been carefully checked and is updated regularly. However, no guarantee can be given that all information is complete, correct and up to date at all times. This applies in particular to all links to other websites that are referred to directly or indirectly. All information can be supplemented, removed or changed without prior notice.
19. Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.