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Terms and Conditions

General terms and conditions

§ 1 APPLICABILITY, DEFINITIONS OF TERMS

(1) Victor Wagner & Glass GmbH, Thaliastraße 74, 1160 Vienna, Austria (hereinafter "we" or "Wagner & Glass web shop") operates an online shop at://wagner-glass.fashion. The following general terms and conditions apply to all services between us and our customers (hereinafter "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.

2) "Consumer" within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. "Entrepreneur" refers to a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity; a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.

§ 2 CONCLUSION OF THE CONTRACTS, STORAGE OF THE CONTRACT TEXT

(1) The following regulations on the conclusion of the contract apply to orders placed via our online shop at https://wagner-glass.fashion.

(2) Our product presentations on the internet are non-binding and do not represent a binding offer to conclude a contract.

(3) The following regulations apply once we have received an order in our online shop: The customer makes a binding offer to enter into a contract by successfully completing the order procedure in our online shop. The order consists of the following steps:

  1. Selection of the desired items;
  2. Adding of products by clicking the appropriate button (e.g. "add to cart", "add to shopping basket" etc.);
  3. Checking the information in the shopping cart;
  4. Viewing the order overview by clicking on the corresponding button (e.g. "continue to checkout", "continue to payment", "to order overview" etc.);
  5. Entry/verification of address and contact details, selection of payment method, confirmation of terms and conditions and cancellation policy;
  6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement;
  7. Completion of the order by pressing the button "buy now". This constitutes your binding order.
  8. The contract is concluded when you receive an order confirmation from us within three working days to the email address you provided.

(4) In the event of conclusion of the contract, the contract shall be concluded with Victor Wagner & Glass GmbH, Thaliastraße 74, 1160 Vienna, Austria.

(5) Before ordering, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, is carried out by email after the order has been placed by you; this process is partly automated. We do not store the contract text after conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (such as the back button of the browser). They can also be corrected by aborting the order process, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email; this process is partly automated. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically guaranteed and in particular is not prevented by spam filters.

§ 3 SUBJECT OF THE CONTRACT AND ESSENTIAL CHARACTERISTICS OF THE PRODUCTS

(1) The following is subject of the contract in our online shop:

  1. The sale of goods. You can see the goods on offer on our product pages.

(2) The essential characteristics of the goods can be found in the product description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly pointed out in the product description (negative quality agreement). Insofar as the customer has given his express consent to the negative deviation in quality, this defines the subject of the contract.

§ 4 PRICES, SHIPPING COSTS AND DELIVERY

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the offer. Unless otherwise specified for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is designated as free shipping. The shipping costs will be clearly stated again in the offers, and also, where applicable, in the shopping basket system and in the order overview.

(4) All offered products are ready for immediate pickup, unless clearly stated otherwise in the product description (delivery time in case of non-availability in branch: 1 working days) after payment.

§ 5 RIGHT OF RETENTION, RESERVATION OF TITLE

1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 6 RIGHT OF CANCELLATION

As a consumer you have a right of cancellation. This is governed by our cancellation clause. Widerrufsbelehrung.

§ 7 LIABILITY

(1) Subject to the following exceptions, our liability for contractual breaches of duty and unlawful acts shall be limited to intent or gross negligence.

(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the contract-typical foreseeable damage . An essential contractual obligation is an obligation the fulfilment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on the compliance with which you may regularly rely. This includes, in particular, our obligation to take action and to fulfil the performance owed under the contract, which is described in Section 3.

§ 8 CONTRACT LANGUAGE

German is the exclusive contract language.

§ 9 WARRANTY

(1) The warranty is based on the statutory provisions.

(2) The warranty period for delivered goods vis-à-vis entrepreneurs shall be 12 months.

3) As a consumer, you are requested to check the item/digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfilment of the contract and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course not affect your statutory warranty claims.

§ 10 FINAL PROVISIONS/SETTLEMENT OF DISPUTES

(1) German law applies. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favourability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office.

(4) The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.