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GTC

General Terms and Conditions of D. Kurz GmbH

1. Scope of Application

1.1.  These General Terms and Conditions ("GTC") shall apply to all deliveries effected and services rendered by D. Kurz GmbH (named as „WunderTeam") on the basis of orders placed in the Internet Shop of WunderTeam. Supplementary or deviating terms and conditions of the customer shall require the explicit written and duly signed acknowledgement of WunderTeam in order to be valid.

2. Conclusion of Contract

2.1.  All offers of WunderTeam shall be non-binding and are to be understood as an invitation to the customer to submit an offer himself (henceforth referred to as the “order”). WunderTeam shall be entitled to accept also parts of such orders.

2.2.  Placing of an order will only be possible if all obligatory fields of the online order form (marked with an asterisk) have been correctly completed. Prior to sending the order the customer will receive a summary of the order including prices. The summary can still be corrected by the customer. Receipt of the order by WunderTeam will be acknowledged by an automatically generated e-mail to the e-mail address named by the customer, which shall, however, not constitute an acceptance of the order. Orders will only be received by WunderTeam during normal business hours (Monday to Friday from 9 a.m. to 4 p.m. excluding Austrian public holidays). If orders are received outside business hours, they shall be deemed received at the beginning of the business hours of the next working day. The customer shall be obliged to ensure proper acceptance of the goods ordered.

2.3.  The contract regarding the customer’s order shall be concluded upon acceptance of the order by WunderTeam, i.e. by sending an order acknowledgement via e-mail to the e-mail address named by the customer. The order acknowledgement will contain an order number, which the customer shall state when further corresponding with Tiroler Glashütte.

3. Language

The content of the contract, customer service and processing of complaints shall be offered in German and English language.

 4. Consumer Information concerning the Exercise of the Right of Withdrawal

4.1.  Right of withdrawal

A customer (hereinafter also referred to as “Consumer Customers”) who is consumer as defined by the Austrian Consumer Protection Act (“KSchG”) has the right to withdraw from his order within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which the consumer customer, or a third party other than the carrier and indicated by the consumer customer, acquires physical possession of the ordered goods. In the case that the consumer customer has ordered multiple goods in one order which are delivered separately, the withdrawal period will expire after 14 days from the day on which the consumer customer, or a third party other than the carrier and indicated by the consumer customer, acquires physical possession of the last good.

To exercise the right of withdrawal, the consumer customer must inform WunderTeam –

D. Kurz GmbH
Herzog-Friedrich-Strasse 40
6020 Innsbruck
Austria / Euope

contact@wunderteam.biz

- of his decision to withdraw from his order by an unequivocal statement (e.g. a letter sent by post or e-mail). If the Consumer Customer uses this option, WunderTeam will communicate to the Consumer Customer an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for the Consumer Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

4.2.  Effects of withdrawal

If the Consumer Customer withdraws from his order, WunderTeam shall reimburse to the Consumer Customer all payments received from him, including the costs of delivery if any (with the exception of the supplementary costs resulting from the Consumer Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by WunderTeam), without undue delay and in any event not later than 14 days from the day on which WunderTeam is informed about the Consumer Customer’s decision of withdrawal. WunderTeam will carry out such reimbursement using the same means of payment as the Consumer Customer used for the initial transaction, unless expressly agreed otherwise; in any event, the Consumer Customer will not incur any fees as a result of such reimbursement. WunderTeam may withhold reimbursement until WunderTeam has received the goods back or the Consumer Customer has supplied evidence of having sent back the goods, whichever is the earliest.

The Consumer Customer shall send back the goods or hand them over to D. Kurz GmbH’s address Herzog-Friedrich-Str. 40, Austria, without undue delay and in any event not later than 14 days from the day on which the Consumer Customer communicates the withdrawal to Tiroler WunderTeam. The deadline is met if the goods are sent back before the period of 14 days has expired.

If the customer uses the return service provider offered by WunderTeam, WunderTeam will bear the cost of returning the goods. If the customer uses another return service provider, the customer shall bear the cost of returning the goods.

The Consumer Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

5.  Prices

5.1.  All prices shall be gross prices inclusive of statutory VAT. Deliveries exceeding a gross price of € 60.00 shall be delivered free of carriage charges. For deliveries below a gross price of € 50.00, a freight surcharge will be charged as written in Terms of Delivery. 

6. Delivery and Delivery Period

6.1.  Shipping via TNT shall be at the risk and cost of the customer to the delivery address named by the customer in the order. If the address information provided by the customer is incorrect, incomplete or unclear, any costs resulting there from shall be borne by the customer.

6.2.  Delivery dates shall be non-binding. If WunderTeam - for example due to non-availability of the goods - should be unable to accept an order, WunderTeam shall immediately inform the customer respectively.

6.3.  Any and all unforeseeable circumstances or circumstances independent from the parties' intent, such as e.g. all cases of Force Majeure and similar events as well as delays in deliveries from sub-suppliers for whatsoever reasons, shall extend the delivery period for the duration of such impediment.

7. Terms of Payment

7.1.  The customer shall pay the purchase price plus additional costs exclusively by one of the following credit cards: AMEX, Mastercard, Visacard, PayPal, Sofortüberweisung. The named credit card will be debited prior to dispatching the order to the delivery address named by the customer. WunderTeam shall not store the data of the credit card in any form. When transmitting the completed online order form WunderTeam uses the encryption mechanism SSL (Secure Socket Layer) for encrypting the customer data and credit card data. The SSL system can be identified by the fact that the site address (URL) starts with ""https"" instead of ""http"" and that a closed lock or key symbol appears in the status bar at the bottom of the screen. For using SSL the customer needs no specific software; common web browsers in all recent versions should support the SSL protocol.

7.2. The goods ordered will only be shipped to the address named by the customer if the purchase price plus additional costs can be debited to the credit card named by the customer.

7.3. Orders not paid and not marked as remitted in our payment system are automatically cancelled after 24 hours and the merchandise is retransferred to stock for availability.

8. Notice of Defects, Warranty, Damages

8.1.  Deviations in design and size may occur with WunderTeam products from craft production. They do not constitute defects and do not entitle to warranty claims.

8.2.  Defects shall be notified to WunderTeam upon delivery or when they become visible, although no detrimental legal consequences will occur for a customer who is a consumer as defined by the KSchG if he fails to do so. If a customer is an entrepreneur as defined by the KSchG, he shall notify defects that can be identified in the course of a proper inspection of the goods upon delivery in writing with detailed information on the defect within 14 days after receipt of the goods; otherwise the goods shall be deemed accepted.

8.3.  If a notification of a defect is justified, WunderTeam shall be entitled to remedy the defect in particular by substitute delivery (replacement). If the remedying of defects fails or if WunderTeam is unable to effect a substitute delivery, the customer shall be entitled to demand a reduction in price or, if the defect is not just a minor one, cancellation of contract. Vis-à-vis customers who are consumers as defined by the KSchG, the statutory provisions on warranty shall apply.

8.4.  WunderTeam shall only be liable for damages caused by wilful intent or gross negligence, except in case of personal injury. Compensation for consequential damages and compensation for mere financial losses shall be excluded vis-à-vis entrepreneurs as defined by the KSchG. The person harmed shall have to prove slight or gross negligence unless the transaction was concluded with a consumer as defined by the KSchG.

9. Retention of Title

WunderTeam shall retain title to goods delivered until full payment of the purchase price including all additional costs.

10. Data Protection, Advertising

10.1.  The staff of WunderTeam is subject to the secrecy obligations of the Austrian Data Protection Act.

11. Applicable Law, Venue

The legal relationship with the customer shall exclusively be governed by Austrian substantive law with the exclusion of UN Sales Law. Disputes arising out of the contract concluded with the customer or the General Terms and Conditions underlying the contract shall, depending on the jurisdiction over the subject-matter, be exclusively settled by the District Court Innsbruck or the Provincial Court Innsbruck. If the customer is a consumer as defined by the KSchG, the court in whose district the customer's domicile, habitual residence or place of employment is situated shall have jurisdiction. The place of performance shall be WunderTeam registered office at 6020 Innsbruck.

12. Miscellaneous

12.1.  If provisions of these GTC should be ineffective in whole or in part due to compulsory statutory provisions, the remaining provisions of these GTC shall continue to be effective without change. The parties undertake to agree without delay on a new effective provision which shall come as close as possible to the economic purpose of the ineffective provision.

12.2.  The customer shall be obliged to inform WunderTeam about any changes of his name, address and/or domicile in writing without delay; otherwise he shall be obliged to reimburse damages. If he fails to notify such changes, any written communication to the customer's address most recently named shall be deemed to fulfil the requirements of an effective service. Any transfer of rights under the contract concluded with WunderTeam to third parties shall require the written consent of WunderTeam." 

13. Return Policy - Right of withdrawal - alternative path

 A customer (hereinafter also referred to as “Consumer Customers”) who is consumer as defined by the Austrian Consumer Protection Act (“KSchG”) has the right to withdraw from his order within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which the Consumer Customer, or a third party other than the carrier and indicated by the Consumer Customer, acquires physical possession of the ordered goods. In the case that the Consumer Customer has ordered multiple goods in one order which are delivered separately, the withdrawal period will expire after 14 days from the day on which the Consumer Customer, or a third party other than the carrier and indicated by the Consumer Customer, acquires physical possession of the last good.

To exercise the right of withdrawal, the Consumer Customers must inform WunderTeam (D. Kurz GmbH, Herzog-Friedrich-Str. 40, 6020 Innsbruck, contact@wunderteam.biz) of his decision to withdraw from his order by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). WunderTeam will communicate to the Consumer Customer an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for the Consumer Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If the Consumer Customer withdraws from his order, WunderTeam shall reimburse to the Consumer Customer all payments received from him, including the costs of delivery if any (with the exception of the supplementary costs resulting from the Consumer Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by WunderTeam), without undue delay and in any event not later than 14 days from the day on which WunderTeam is informed about the Consumer Customer’s decision of withdrawal. WunderTeam will carry out such reimbursement using the same means of payment as the Consumer Customer used for the initial transaction, unless expressly agreed otherwise; in any event, the Consumer Customer will not incur any fees as a result of such reimbursement. WunderTeam may withhold reimbursement until Tiroler WunderTeam has received the goods back or the Consumer Customer has supplied evidence of having sent back the goods, whichever is the earliest.

The Consumer Customer shall send back the goods or hand them over to D. Kurz GmbH’s address Herzog-Friedrich-Str. 40, Austria, without undue delay and in any event not later than 14 days from the day on which the Consumer Customer communicates the withdrawal to WunderTeam. The deadline is met if the goods are sent back before the period of 14 days has expired.

If the customer uses the return service provider offered by WunderTeam, WunderTeam will bear the cost of returning the goods. If the customer uses another return service provider, the customer shall bear the cost of returning the goods.

The Consumer Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

14. Online Dispute Resolution in case please click on link and use our e-mail address contact@wunderteam.biz
Thank you.

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