Terms and Conditions

General Terms and Conditions

of

WoodHeroes GmbH Holzspielzeugerzeugung

Puchstraße 17
A-8020 Graz
Telefon: +43 699 13 24 25 61
E-Mail: office@WoodHeroes.at
www.WoodHeroes.at
 
Managing Director: Michael Leipold

Version: Jänner 2021

1. Scope

These General Terms and Conditions (hereafter "T&C") of WoodHeroes GmbH Wooden Toy Manufacturing (hereafter "WoodHeroes") are valid for all services which WoodHeroes provides as a contractor for private and commercial customers. Henceforth, any prior T&C cease to be valid. The T&C apply in the version that is valid at the time of ordering.

By placing an order/assignment, the customer agrees to comply with these T&C. These T&C apply to all future business relations, even without express agreement being repeated.

Changes and amendments to these T&C as well as oral agreements which deviate from the content of these T&C are only valid after the written confirmation of WoodHeroes. WoodHeroes expressly objects any general or purchase terms and conditions of the customer. General terms and conditions presented by the customer which deviate from these T&C are not valid, unless such an exception has been expressly agreed on in writing.

According to the Austrian Consumer Protection Law, for sale/delivery to consumers the T&C are valid as far as the Austrian Consumer Protection Law 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 are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Contractual language

The contractual language is German and English. All other information, customer services and complaint management are offered in German language.

For all orders via our online shop, we save the text of the contract 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, court of jurisdiction, place of contractual fulfilment

These T&C and the contracts to be concluded according to these T&C are subject to Austrian substantive law with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). So far as the transaction is not subject to Austrian Consumer Protection Law, 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. Closing of a contract and contractual object

All offers by 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.

It is only possible to place an order/assignment if the customer details are specified in full.

The contract is only legally binding after a written order confirmation has been sent by WoodHeroes or upon actual delivery to the customer. WoodHeroes reserves the right for partial delivery as well as billing thereof.

Insignificant changes to and/or deviations from the order are considered to be reasonable and accepted by the customer beforehand so long as they are objectively justifiable.

WoodHeroes aims to process and prepare orders for dispatch as quickly as possible, and/or to inform the customer about the fact that an ordered good might not be available.

When contracts are concluded via our online shop, the presentation of the products does not represent 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 sending your binding order by using the Use the correction aids provided and explained in the ordering process. By clicking the order button, you are placing a binding order for the goods in the shopping cart. Confirmation of receipt of your order is sent by email immediately after the order has been sent.

When the contract is concluded with us 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 email or by delivering the goods within two working days.

Prepayment: We accept your order by sending a declaration of acceptance in a separate email within two working days, in which we give you our bank details.

Credit card: We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two working 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 order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

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

5. Price, dispatch costs, payment conditions and default of payment

All prices are stated in Euro and exclude VAT for commercial customers, for private customers including VAT and any possible dispatch and insurance costs. The prices current at the time of ordering/assignment are valid. WoodHeroes expressly reserves the right to change prices after the order/assignment but before concluding the contract ex parte. Should that be the case, WoodHeroes will submit to the customer a new non-binding offer which will only become effective subsequent to confirmation by the customer. Price changes after conclusion of a contract are 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.

Invoice: 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 on collection: You pay the invoice amount in cash on collection.

6. Conditions of delivery

Once a contract has been concluded, WOODHEROES will realise the order/assignment without unnecessary delay; however, delivery dates and periods 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.).

In general, you have the option of collection from WoodHeroes GmbH, Puchstraße, 17, 8020 Graz, Austria during the following business hours: Mon - Thu 8:00 am - 5:00 pm and Fri 8:00 am - 12:00 pm

Delivery to online retailers:

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

7. Transfer of risk

Delivery to entrepreneurs:

The risk transfers to the customer when the product is handed to and/or accepted by the customer and/or the person chosen for the dispatch 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 report such errors to the deliverer as soon as possible and please contact us immediately. Failure to file a complaint or contact us 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. Hypothecation or chattel mortgage is excluded before payment has been made in full. Should the goods be hypothecated or confiscated or accessed by a third party in any other way, the customer must identify the property of WoodHeroes, immediately inform WoodHeroes and forward all information and documents necessary to enforce the proprietary right to WoodHeroes.

9. Guarantee

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 guarantee is excluded, as long as the customer is not a consumer according to the Austrian Consumer Protection Law.

In case of a proper claim and/or in case of a contract with a consumer the general conditions of the Austrian Guarantee Law apply; according to which the customer must immediately return the defect goods and WoodHeroes has the right to amend or exchange them. Only if the correction or the exchange is impossible or linked with a disproportionately high effort for WoodHeroes or if WoodHeroes does not or does not within an appropriate period exchange or amend the goods, is the customer entitled to a reduction in price or redhibition (total annulment of contract). The customer is not entitled to redhibition for minor defects.

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.

Any claims for damages to which the customer is entitled according to these conditions lapse in twelve months; indemnification according to the Austrian Product Liability Law complies with the legal statute of limitations. Recourse liability according to § 12 of the Austrian Product Liability Law is excluded, unless the claimant proves that a mistake has been caused by or at least is the result of gross negligence on the part of WoodHeroes.

Specifically, WoodHeroes is not liable for damages resulting from swallowing of consumables 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.

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 invalidity or partial invalidity of any clause of these T&C does not affect other remaining clauses. The invalid clause will be replaced by an economically equivalent or similar but admissible clause.