General Terms and Conditions

General Terms and Conditions

WoodHeroes GmbH Toy Production

Puchstraße 17
A-8020 Graz
Phone: +43 699 13 24 25 61
E-Mail: office@woodheroes.at
www.woodheroes.at

Managing Director: Michael Leipold

Status: Jänner 2021

1.Scope

These General Terms and Conditions (hereinafter referred to as “GTC”) of WoodHeroes GmbH Holzspielzeugerzeugung (hereinafter referred to as “Wood Heroes”) apply to all services that WoodHeroes provides as a contractor to private and commercial customers. All possible previous Terms and Conditions hereby lose their validity. The GTC apply in the version that is valid at the time of ordering.

By placing an order/placing an order, the customer agrees to these GTC. These GTC apply to all future business relationships, even without express agreement being repeated

Changes and additions to the GTC as well as verbal agreements that deviate from the content of these GTC shall only become effective with written confirmation by WoodHeroes. WoodHeroes expressly contradicts any general terms and conditions of business or purchase of the customer. General terms and conditions submitted by the customer that deviate from these GTC are not valid unless their validity has been expressly agreed to in writing.

For sales/deliveries to consumers within the meaning of the Austrian Consumer Protection Act, the GTC shall only apply to the extent that the Austrian Consumer Protection Act does not foresee other obligatory conditions.

The following provisions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their 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.

2.Contract language

The contract language is German or English. All other information, customer service and complaint handling are offered in German language. For all orders via our online shop, we store the contract text and send you the order data and our terms and conditions in text form. You may consult the contract text in our customer login area.

3. Applicable law, place of jurisdiction, place of performance

These GTC and the contracts to be concluded with the inclusion of these GTC are subject to Austrian substantive law with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Insofar as the legal transaction is not subject to the Austrian KSchG, the parties agree on Graz as the sole court of jurisdiction. The place of contractual fulfilment for delivery and payment is the registered office of WoodHeroes.

4. Conclusion of contract and subject matter of performance

All offers from WoodHeroes are invitations to the customer to submit a purchase offer. All offers by WoodHeroes are non-binding. The customer’s order/assignment is considered a binding offer to conclude a contract for the ordered goods.

An order option/order placement only exists if the customer data is provided in full.

The contract only becomes legally effective through the written order confirmation of WoodHeroes or through the actual delivery to the customer. WoodHeroes reserves the right to make partial deliveries and to invoice them.

Minor changes or deviations from the order, if they are objectively justified, are reasonable for the customer and shall be deemed to have been approved by the customer in advance.

WoodHeroes always endeavours to process orders as quickly as possible and to make them ready for dispatch or to inform the customer that a desired product may not be available.

When concluding contracts via our online shop, the presentation of the products does not constitute a legally binding offer, but a non-binding online catalog. You can first place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order takes place by e-mail immediately after sending the order.

When the contract with us is concluded for orders via our online shop 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 working days.

Advance payment: 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 declaration of acceptance in a separate e-mail or by delivering the goods within two working days.

PayPal:During 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 shop, we request PayPal to initiate the payment transaction and thus accept your offer.

Cash payment on collection: You pay the invoice amount in cash upon collection.

5. Price, shipping costs, terms of payment and default of payment

All prices are Euro prices and are exclusive of VAT for companies, vat for consumers and any shipping and insurance costs. The current prices at the time of placing the order/order shall apply. WoodHeroes expressly reserves the right to change the prices unilaterally after placing an order/placing an order, but before the conclusion of the contract. In such a case, WoodHeroes will make the customer a new non-binding offer, which will only become effective upon confirmation by the customer. Price changes after conclusion of the contract are in any case inadmissible.

The customer must bear any dispatch costs. The exact cost of dispatch depends on the kind of delivery. For a direct sale from WoodHeroes to a customer, there are no dispatch costs.

Generally, all goods must be paid in full ex ante. However, should deviating payment options have been agreed expressly and in writing, payment is due within seven days after billing at the latest; the same is valid for partial bills. Payments must be effected in the currency agreed and are only considered effected after receipt of payment on WoodHeroes’ bank account.

The customer is not authorized to retain or to offset payment due to (alleged) warranty claims.

Payments are always credited to the oldest, outstanding bills.

Upon default of payment, default interest of the legal amount (for transactions between companies, however, expressly +9.2 % above the respective base rate of the Austrian National Bank) will be charged beginning with the due date of the bill. Furthermore, a € 50.00 compensation for execution costs will be charged in case of default payment.

Order cancellation is only possible with the express written agreement of WoodHeroes.

The following payment methods are generally available in our online shop:

Prepayment: If you choose the prepayment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

Cash on delivery: You pay the purchase price directly to the deliverer. There are also the cash on delivery fees.

Credit card: When you place your order, you provide your credit card details. After your legitimation as the legal cardholder, the payment transaction will be carried out automatically and your card will be charged immediately after the conclusion of the contract.

SEPA direct debit procedure: By submitting the order, you give us a SEPA direct debit mandate. We will inform you of the date of the account debit (so-called prenotification). By submitting the SEPA direct debit mandate, we ask our bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. The account will be debited 14 days after the goods have been dispatched. The deadline for the 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 be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

Rechnung: You pay the invoice amount after receipt of the goods and the invoice by transfer to our bank account. We reserve the right to only offer purchase on account after a successful credit check.

Cash payment on collection: You pay the invoice amount in cash upon collection.

6. Terms of delivery

Once a contract has been concluded, WoodHeroes executes the order without unnecessary delay; However, delivery dates and deadlines are non-binding.

The delivery of goods is carried out ex stock to the delivery address stipulated by the customer using due diligent modes of dispatch (post, delivery service, etc.).

You have the option of picking up at WoodHeroes GmbH, Puchstraße,17, 8020 Graz, Austria during the following business hours: Mon – Thu 8:00 – 17:00 and Fri 8:00 – 12:00

Delivery to online retailers:

In principle, goods from WoodHeroes may only be sold by dealers on online platforms with the written consent of WoodHeroes.

7. Transfer of risk

Delivery to entrepreneurs:

The risk shall pass to the customer upon handover to or acceptance of the product by the customer or to the persons responsible for shipping to the customer. This is also effective if carriage-free delivery has been agreed upon. If the dispatch/acceptance is delayed or becomes impossible without this being the fault of WoodHeroes, the risk transfers to the customer upon notice of readiness for dispatch/acceptance. All shipments, including returns, travel at the risk of the customer.

Insurance against dispatch risks of all kinds is only made on the customer’s expressed and written request and at the cost of the customer.

Delivery to consumers:

If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to make a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

8. Reservation of proprietary rights

All delivered goods continue to be the property of WoodHeroes until all present and future accounts from the business relation, including interest, unauthorized discounts or deductions retained by the customer that are not accepted by WoodHeroes, resultant costs and so forth – for whichever legal reason – have been paid. As long as the reservation of proprietary rights exists and not all accounts have been paid in full, the customer commits to handle the goods with care and to comply with due diligence. Pledges or assignments as security prior to full payment are excluded. Should the goods be seized or confiscated or otherwise accessed by third parties, the customer must point out the ownership of WoodHeroes, inform them immediately and transmit all information and documents necessary for the enforcement of the right of ownership to WoodHeroes.

9. Warranty

The customer must check the completeness of the delivered, assembled or built products and their conformity with the order immediately after receipt/acceptance. Obvious defects must be claimed in writing with a detailed description of the defect immediately after receipt/acceptance; defects noticeable after proper examination must be claimed in writing within eight days from the receipt/acceptance; and other defects within a week of their discovery. Should there be no claim, acceptance is considered to be effected and any warranty is excluded, as long as the customer is not a consumer according to the Austrian Consumer Protection Law.

In the case of a proper complaint or in the case of a contract with a consumer, the general provisions of the warranty law come into play. Accordingly, the customer must return the defective goods immediately and WoodHeroes is entitled to improve or replace them. Only if the improvement or replacement is impossible or would be associated with a disproportionately high effort for WoodHeroes or WoodHeroes cannot comply with the exchange or improvement request or cannot comply with it within a reasonable period of time, the customer is entitled to request a price reduction or conversion (complete cancellation of the contract). In the case of minor defects, the customer has no right to conversion.

10. Right of withdrawal

Customers who are considered consumers according to the Austrian Consumer Protection Law may withdraw from the contract without stating any reasons within 14 days from the delivery of the goods if the contract has been concluded using one or more telecommunication media (e.g. email, fax, telephone). Cancellation is not bound to a specific form. The withdrawal period is considered kept if the cancellation is sent within the period.

There is no right of withdrawal according to the Austrian Consumer Protection Law for contracts on goods which are manufactured according to a customer’s specifications or which are tailored to individual needs.

Should a consumer withdraw from the contract, they are immediately obliged to return the received goods. Should the goods have been used by the consumer, WOODHEROES must be paid an appropriate fee for the use, including a reimbursement for the resultant decrease in the overall value of the product; whereat the sole acceptance of the product by the consumer is not in itself considered as depreciation. The consumer is expressly obliged to bear the costs and dispatch expenses connected with the return of the goods him/herself.

Goods must be returned to:

WoodHeroes GmbH Puchstraße 17 8020 Graz

11. Liability

WoodHeroes is not liable for any specific result; WoodHeroes is liable solely for any gross negligent breach of duty, and this liability does not exceed the common value of the goods ordered by the customer. Furthermore, WoodHeroes is only liable for typical and predictable damages, i.e. for such damages which WoodHeroes could reasonably anticipate at the time of the conclusion of the contract due to the circumstances known at that time.

Claims from subsequent damages (from defects) as well as damages against which the customer can be insured or which can be controlled by the customer, from other, indirect damages or losses or loss of profit as well as general financial losses, especially due to defective, omitted or delayed delivery are expressly excluded.

The claims for damages to which the customer is entitled in accordance with the above provisions shall become statute-barred after twelve months; the compensation for damages under the Product Liability Act is governed by the statutory statute of limitations. Recourse liabilities within the meaning of § 12 PHG are excluded, unless the person entitled to recourse proves that the error was caused in the sphere of WoodHeroes and was at least grossly negligent.

In particular, WoodHeroes is not liable for damages caused by swallowing small parts or improper use.

12. Force Majeure

Force majeure or other unpredicted hindrances on the part of WoodHeroes release the company from the fulfilment of the agreed responsibility. Particularly considered as force majeure are operational disruptions and traffic congestions, improper delivery by sub-suppliers, interruption of transport or discontinuation of production; WoodHeroes is freed of the obligation to perform for the duration of the previously stated hindrances without the customer being entitled to a price reduction or any other indemnification.

13. Data security, advertising and change of address

According to the conditions of the Austrian Data Security Law, we expressly inform you that in order to execute the respective contract names, addresses, telephone and fax numbers and email addresses as well as the payment modalities of WoodHeroes’ customers are stored on a data storage medium for automated support (accounting, customer directory). We do not pass on customer details to third parties unless this is absolutely necessary to execute an order.

The customer agrees to regularly receive information about products by WoodHeroes either via email or via post. Should the customer not wish to receive such information, they can revoke the agreement with an informal message at any time.

The customer is obliged to immediately notify WoodHeroes of any change in address. Should the customer not do so, they must bear any additional costs caused by this. Statements are considered received if they were sent to the last known address. Data protection, advertising and change of address

14. Copyright

Plans, drafts or other technical documents as well as samples, catalogues, brochures, drawings and so forth always remain the intellectual property of WOODHEROES; the customer does not obtain any exploitation or patent rights of any nature whatsoever.

15. Severability clause

The nullity or partial nullity of any provision of these GTC shall enforce all other provisions. The void provision shall be replaced by an economically equivalent or similar but permissible provision.