WoodHeroes GmbH wooden toy production
Phone: +43 699 13 24 25 61
Managing Director: Michael Leipold
Status: January 2021
These General Terms and Conditions (hereinafter referred to as “GTC”) of WoodHeroes GmbH Holzspielzeugerzeugung (hereinafter referred to as “Wood Heroes”) apply to all services provided by WoodHeroes as contractor to private and commercial customers. All previous General Terms and Conditions hereby lose their validity. The version of the GTC valid at the time of the order/order placement shall apply.
By placing an order, the customer agrees to these terms and conditions. These GTC shall apply to all future business relations, even without repeated express agreement.
Changes and additions to the GTC as well as verbal agreements that deviate from the content of these GTC will only become effective with written confirmation by WoodHeroes. WoodHeroes expressly contradicts any general terms and conditions of business or purchase of the customer. Any general terms and conditions of business submitted by the customer that deviate from these GTC shall not be valid unless their validity has been expressly agreed to in writing.
For the sale/delivery to consumers within the meaning of the Consumer Protection Act, the GTC shall apply only to the extent that the Consumer Protection Act does not mandatorily provide for other provisions.
The following terms and conditions apply to all orders placed via our online store. Our online store is intended exclusively for consumers. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
The contract language is German or English. All other information, customer services and complaint resolutions are provided in German. For all orders via our online store, we save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login
3 Applicable law, place of jurisdiction, place of performance
These GTC and the contracts to be concluded incorporating these GTC shall be governed by Austrian substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention). Insofar as the legal transaction is not subject to the Austrian Consumer Protection Act (KSchG), the parties agree on the exclusive jurisdiction of the competent court in Graz. Place of performance for delivery and payment is the place of business of WoodHeroes.
4. conclusion of contract and subject of performance
All WoodHeroes offers are invitations to the customer to make an offer to purchase. The offers of WoodHeroes are subject to change. The customer’s order/order placement constitutes a binding offer to conclude a contract for the ordered goods.
An order possibility/order placement exists only with complete indication of the customer data.
The contract becomes legally effective only when WoodHeroes confirms the order in writing or when WoodHeroes actually delivers the goods to the customer. WoodHeroes reserves the right to make partial deliveries and to invoice them.
Minor changes or deviations from the order are reasonable for the customer if they are objectively justified and are deemed to have been approved by the customer in advance.
WoodHeroes always tries to process orders as quickly as possible and make them ready for shipment or to inform the customer that a desired product may not be available.
When concluding contracts via our online store, the presentation of the products does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
When the contract with us is concluded for orders placed via our online store depends on the payment method you have chosen:
Cash on delivery, invoice, SEPA direct debit: We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two factory days.
Prepayment: We accept your order by sending a declaration of acceptance in a separate e-mail within two working days, in which we will give you our bank details.
Credit Card: We accept your order by sending a notice of acceptance in a separate email or by delivering the goods within two factory days.
PayPal: In the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.
Cash payment upon pickup: You pay the invoice amount in cash upon pickup.
5. price, shipping costs, terms of payment and delay of payment
All prices are Euro prices and are exclusive of VAT for companies and inclusive of VAT and any shipping and insurance costs for consumers. The current prices at the time of the order/order placement shall apply. WoodHeroes expressly reserves the right to unilaterally change prices after the order/contract has been placed, but prior to the conclusion of the contract. In such a case WoodHeroes submits a new non-binding offer to the customer, which becomes effective only with confirmation by the customer. Price changes after conclusion of the contract are inadmissible in any case.
Any shipping costs are to be paid by the customer. The amount of shipping costs depends on the delivery method. If WoodHeroes sells directly to the customer (e.g. if the customer picks up the goods), there are no shipping costs.
In principle, all goods must be paid for in full in advance. However, if deviating payment agreements have been made explicitly and in writing, invoices shall be due for payment within seven days after invoicing at the latest; the same shall apply to partial invoices. Payments are to be made in the agreed currency and are considered made only at the time of receipt on the business account of WoodHeroes.
The customer is not entitled to withhold or offset payments due to (alleged) warranty claims or other counterclaims.
Payments shall in each case be credited against the oldest outstanding receivable.
In the event of default in payment, interest on arrears shall be charged from the due date of the claim at the statutory rate (however, in the case of transactions between companies, expressly +9.2% above the respective base interest rate of the Austrian National Bank). Furthermore, in the event of default in payment, compensation for collection costs of a flat rate of € 50.00 will be charged.
Order cancellation is possible only with the written consent of WoodHeroes.
In our online store, the following payment methods are generally available to you:
Prepayment: If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Cash on delivery: You pay the purchase price directly to the deliverer. There is an additional charge for cash on delivery.
Credit card: When submitting the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically immediately after the conclusion of the contract and your card will be charged.
SEPA direct debit procedure: With the submission of the order you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called prenotification). By submitting the SEPA Direct Debit Mandate, we request our bank to initiate the payment transaction. The payment transaction will be made automatically and your account will be debited. The account will be debited 14 days after the shipment of the goods. The period for advance notice of the date of the account debit (so-called prenotification period) is 14 days.
PayPal: In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Invoice: You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
Cash payment upon pickup: You pay the invoice amount in cash upon pickup.
6. delivery conditions
If a contract has been concluded, WoodHeroes will execute the order/contract without unnecessary delay; however, delivery dates and deadlines are not binding.
The delivery of the goods shall be made ex warehouse to the delivery address specified by the customer using customary shipping methods (post, delivery companies, etc.).
In principle, you have the option of collection from WoodHeroes GmbH, Puchstraße, 17, 8020 Graz, Austria during the following business hours: Mon – Thurs 8:00 – 17:00 and Fri 8:00 – 12:00
Delivery to online retailers:
In principle, goods from WoodHeroes may be sold by dealers on online platforms only after written consent from WoodHeroes.
7. transfer of risk
Delivery to entrepreneurs:
The risk shall pass to the customer upon handover to or acceptance of the product from the customer or the persons responsible for shipping to the customer. This also applies if carriage paid delivery was agreed. If the shipment/acceptance is delayed or becomes impossible through no fault of WoodHeroes, the risk is transferred to the customer upon notification of readiness for shipment or acceptance. All shipments, including any returns, travel at the risk of the customer.
Insurance against shipping risks of any kind shall only be taken out at the express written request and expense of the customer.
Delivery to consumers:
If goods are delivered with obvious transport damage, please complain about such defects to the delivery person as soon as possible and contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
8. retention of title
All delivered goods remain the property of WoodHeroes until all present and future claims arising from the business relationship, including interest, discounts unjustifiably withheld by the customer or deductions not recognized by WoodHeroes, costs incurred and the like, for whatever legal reason, have been paid. As long as a reservation of title exists and not all claims have been settled in full, the customer undertakes to treat the goods with care and to observe due diligence. Pledges or transfers of ownership by way of security before full payment are excluded. If the goods are seized or confiscated or otherwise accessed by third parties, the customer has to point out the ownership of WoodHeroes, to inform them immediately and to provide WoodHeroes with all information and documents necessary to enforce the ownership.
The customer shall inspect the delivered, erected or constructed products immediately after receipt/acceptance for completeness and compliance with the order. Obvious defects shall be notified in writing immediately after receipt/acceptance, defects which are recognizable upon proper inspection within eight days after receipt/acceptance of the product, other defects within one week after their discovery with a detailed description of the defect. If the complaint is not made, acceptance shall be deemed to have taken place and any warranty shall be excluded unless the customer is a consumer within the meaning of the Consumer Protection Act.
In the case of a proper complaint or in the case of a contract with a consumer, the general provisions of warranty law shall apply. Accordingly, the customer must immediately return the defective goods and WoodHeroes is entitled to improve or replace them. Only if the improvement or replacement is impossible or would be connected with a disproportionately high effort for WoodHeroes or WoodHeroes is not able to comply with the replacement or improvement request or not within a reasonable period of time, the customer is entitled to demand price reduction or cancellation (complete cancellation of the contract). In the case of minor defects, the customer has no right to rescission.
10. right of withdrawal
Customers who are to be regarded as consumers within the meaning of the Consumer Protection Act may withdraw from contracts concluded using one or more means of distance communication (e.g. e-mail, fax, telephone) without stating reasons within 14 days of delivery of the goods. The declaration of withdrawal is not bound to any particular form. The withdrawal period is met if the declaration of withdrawal is sent within the period.
However, in the case of contracts for goods that are manufactured according to customer specifications or that are clearly tailored to personal needs, there is no right of withdrawal under consumer protection law.
If a consumer withdraws from the contract, he is obliged to return the received goods step by step. If the goods have been used by the consumer, WoodHeroes shall be paid a reasonable fee for such use, including compensation for any related diminution in the fair market value of the product, provided that the mere taking over of the product by the consumer shall not constitute a diminution in value. The consumer is expressly obliged to bear the costs and shipping charges associated with the return of the goods.
The return of the goods must be made to:
WoodHeroes GmbH Puchstraße 17 8020 Graz
WoodHeroes is not liable for any particular success and in any case only for grossly culpable breach of duty and at most up to the fair value of the goods ordered by the customer. Furthermore, WoodHeroes is only liable for typical and foreseeable damages, i.e. those that WoodHeroes could reasonably expect to occur upon conclusion of the contract according to the circumstances known at that time.
Claims arising from consequential (defect) damages as well as from damages for which the customer can obtain insurance coverage or which are controllable by the customer, from other indirect damages and losses or lost profits as well as generally pecuniary damages, in particular from defective, omitted or delayed delivery, are expressly excluded.
The claims for damages to which the customer is entitled under the above provisions shall become statute-barred after twelve months; damages under the Product Liability Act shall be governed by the statutory limitation provisions. Recourse liabilities in the sense of § 12 PHG are excluded, unless the person entitled to recourse proves that the fault was caused in the sphere of WoodHeroes and was at least caused by gross negligence.
WoodHeroes is not liable in particular for damage caused by swallowing small parts or improper use.
12. force majeure
Force Majeure or other unforeseen obstacles in the sphere of WoodHeroes release them from compliance with the agreed obligations. Force majeure is in particular also operational and traffic disruptions, improper delivery of subcontractors, transport interruptions or production stops; for the duration of the aforementioned hindrance WoodHeroes is released from the obligation to provide the service without the customer having any claims for price reduction or other damages.
13. data protection, advertising and change of address
In accordance with the provisions of data protection it is expressly pointed out that in fulfillment of the respective contract names, addresses, telephone and fax numbers and e-mail addresses as well as payment modalities of the customers of WoodHeroes are stored on data carriers for the purpose of automation-supported support (accounting, customer file). Customer data will not be disclosed to third parties, except in cases where it is necessary for the fulfillment of the order.
The customer agrees to be informed periodically about WoodHeroes products either by e-mail or by mail. If the customer does not wish to receive such information, he may revoke his consent at any time by means of informal notification.
The customer is obligated to notify WoodHeroes of any address changes immediately. If the customer fails to make such a report, any additional costs incurred as a result of the failure to make such a report shall be paid by the customer. Declarations shall in any case be deemed to have been received if they were sent to the last known address.
Plans, sketches or other technical documents as well as samples, catalogs, brochures, illustrations and the like always remain the intellectual property of WoodHeroes; the customer does not receive any rights of use or exploitation whatsoever.
15. severability clause
The invalidity or partial invalidity of any provision of these GTC shall leave all other provisions in force. The void provision shall be replaced by an economically equivalent or similar but permissible provision.