General Terms and Conditions of online360 service GmbH for the website erotikwelt.org (as of May 2023)
1. Scope of the General Terms and Conditions (hereinafter referred to as ‘GTC’)
1.1 Upon conclusion of the contract, these GTC in their version valid at the time of the respective order shall apply to all mutual claims arising from delivery and performance between you (hereinafter referred to as the ‘Customer’) and online360 service GmbH, with its registered office in the political municipality of Perchtoldsdorf and its business address at J.‑Regenhart-Gasse 16, 2380 Perchtoldsdorf, registered in the Commercial Register of the Regional Court of Wiener Neustadt under FN 400810b (hereinafter referred to as ‘erotikwelt’).
1.2 These GTC apply to both consumers and entrepreneurs.
1.3 Any terms and conditions of the Customer that deviate from these GTC are not recognized. Our performance of the contract shall not be deemed as consent to conditions deviating from these GTC.
1.4 The Customer can download and print the current version of the GTC on the website www.erotikwelt.org.
2. Conclusion of Contract
2.1 The offers on our website www.erotikwelt.org constitute non-binding invitations to the Customer to order goods at erotikwelt.org.
2.2 An order via the website www.erotikwelt.org can be made either by registering by creating a user profile on the website or as a guest. The Customer undertakes to enter his/her data truthfully, correctly, and completely, and in the event of changes to the data, to change them truthfully and correctly at the latest at the time of a new order. Orders via the website become binding when you have entered all data required for the execution of the contract, confirmed that you have taken note of these GTC, and clicked the button ‘Order with obligation to pay’.
2.3 The Customer’s order via the website www.erotikwelt.org constitutes a binding contractual offer on his/her part.
2.4 Receipt of this order is confirmed by erotikwelt immediately by an automatic order confirmation. The order confirmation does not yet constitute acceptance of the Customer’s offer by erotikwelt.
2.5 The contractual offer is accepted by erotikwelt either by an express order acceptance confirmation from erotikwelt by email or by shipment of the ordered goods.
2.6 In the event that the ordered goods are not available, erotikwelt will notify this immediately by a separate email. In this case, the offer regarding the unavailable goods is deemed not accepted. If the Customer has ordered several goods, erotikwelt may also accept the order only partially and not accept the unavailable goods. The purchase price already paid for the unavailable goods will be refunded within 5 working days (Saturday is not considered a working day) or offset against other goods upon request.
3. Purchase Price, Shipping Costs, Payment Methods and Additional Costs
3.1 All prices stated on the website www.erotikwelt.org are in Euros and already include the statutory value added tax.
3.2 Shipping is made to the countries listed under erotikwelt.org/shipping, whereby products with electrical components are only shipped to Germany and Austria.
3.3 Shipping costs are charged separately. The applicable shipping costs can be found in our shipping cost overview.
3.4 Payment can be made by Sofortüberweisung, PayPal, and credit card (Visa, Mastercard, American Express). If payment of the invoice amount is not carried out or is cancelled by the credit card company or bank for any reason, the Customer shall bear the resulting expenses. Erotikwelt reserves the right to restrict the payment method and the credit card companies.
3.5 In the event of late payment by the Customer, the Customer shall in any case bear the costs for reminders and collection fees.
3.6 In the event of late payment by the Customer, erotikwelt is entitled to transmit the Customer’s name, (company) address, occupation (industry), gender, outstanding balance, and reminder data to collection agencies authorized to collect claims in accordance with the Data Protection Act (DSG).
3.7 If the Customer is in default of payment, we are entitled to charge default interest of 5% above the base rate set semi-annually by the European Central Bank (the ‘base rate’), but at least 5%. If the Customer is an entrepreneur, the default interest is 9.2% above the base rate. If we have incurred higher default damages, we are entitled to assert them.
4. Consumer’s Right to Withdraw from the Contract
Consumers within the meaning of § 1 para. 1 of the Consumer Protection Act (KSchG) have a right of withdrawal under the statutory provisions, about which we inform below.
4.1 Cancellation Policy – Right of Withdrawal
As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, takes possession of the last goods.
To exercise your right of withdrawal, you must inform us (online360 service GmbH, J.-Regenhart-Gasse 16, 2380 Perchtoldsdorf, Tel: +43 (0)1 / 432 123 69, [email protected]) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, which is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
4.2 Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall return the goods without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us, to the address online360 service GmbH, Jakob-Regenhart-Gasse 16, 2380 Perchtoldsdorf. The deadline is met if you send back the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately EUR 30 for goods up to a weight of 31.5 kg for returns within Austria.
You are only liable for any diminished value of the goods if the diminished value results from handling the goods that is not necessary for checking the nature, characteristics, and functioning of the goods.
4.3 Withdrawal Form
If you wish to withdraw from the contract, you can use the form shown in the appendix and send it to us filled out.
4.4 Items Excluded from Withdrawal
Withdrawal is excluded for certain items for hygiene reasons. This includes, but is not limited to, all sealed hygiene items, condoms, as well as sex toys such as vibrators. If there is any uncertainty as to whether an item can be returned within the scope of a withdrawal, contact erotikwelt before ordering.
5. Delivery and Passing of Risk
5.1 All goods are delivered either directly by us via freight forwarder or by parcel service.
5.2 Delivery by the freight forwarder is made curbside.
5.3 Stated delivery deadlines are non-binding unless they have been expressly declared in writing as binding. If the binding agreed delivery deadline is exceeded, the business customer is entitled to withdraw from the contract after setting a grace period of four weeks. Withdrawal must be declared by registered letter. In the case of delivery against advance payment, the goods will only be shipped after receipt of payment, so that if a binding agreed delivery date falls before receipt of payment, the four-week grace period only begins upon receipt of payment.
5.4 Please refer to the shipping cost overview for shipping or delivery costs.
5.5 If the Customer is an entrepreneur, the risk passes upon handover to the carrier.
6. Warranty, Manufacturer’s Guarantee
6.1 The statutory warranty rights applicable to consumers or entrepreneurs respectively apply to the goods offered on the website www.erotikwelt.org.
6.2 No warranty claims arise in the event of improper or contractually non-compliant handling of the goods by the Customer, in particular regarding the installation, connection, or operation of the goods. Whether there is improper or contractually non-compliant handling of the goods is also determined by the manufacturer’s specifications in the supplied operating instructions.
6.3 The warranty does not extend to normal wear and tear or use-related deterioration.
6.4 Claims based solely on a manufacturer’s guarantee are only valid against the manufacturer who has provided the guarantee.
6.5 If there is a defect in the purchased item for which we are responsible, we are entitled, at our own discretion, to remedy the defect or to make a replacement delivery. If we are not willing or not able to remedy the defect/make a replacement delivery, or if this is delayed beyond reasonable periods for reasons for which we are responsible, or if the defect remedy/replacement delivery otherwise fails, the Customer is entitled, at his/her choice, to withdraw from the contract or to demand a corresponding reduction in the purchase price.
6.6 In the event of a warranty claim, please contact us by email at: [email protected].
7. Set-off, Retention
7.1 The Customer is only entitled to a right of set-off if his/her counterclaims have been legally established or acknowledged by us.
7.2 The Customer is only entitled to exercise a right of retention insofar as his/her counterclaim is based on the same contractual relationship.
8. Retention of Title
8.1 The object of purchase or the goods remain the property of erotikwelt until full payment of the purchase price and all associated costs and expenses. In the event of even partial default in payment, erotikwelt is entitled to collect the goods without the Customer’s consent.
8.2 Insofar as erotikwelt exchanges a good within the scope of the warranty, it is agreed that the returned good becomes the unrestricted property of erotikwelt.
9. Limitation of Liability
9.1 Claims for damages in cases of slight negligence are excluded. This does not apply to personal injury or damage to items taken over for processing, as well as product liability claims.
9.2 When inspecting, repairing, or servicing devices on which data or programs are stored (e.g., personal computers, mobile phones, laptops, cameras, etc.), there is a possibility of loss or damage to data or programs stored in the device. We therefore strongly recommend that before handing over such devices for inspection, repair, or servicing, you save all data and programs on another data carrier (data backup). If such a data backup is not carried out by the Customer or is not carried out successfully, any liability for damage to or loss of data and programs is excluded. After completion of the inspection, repair, or servicing, it is the Customer’s responsibility to reload the backed-up data onto the device.
10. Dispute Resolution Body
10.1 The EU Commission provides a platform for out-of-court dispute resolution (hereinafter ‘OS platform’). The OS platform contains a standardized complaint form for consumers in all official languages of the EU as well as several functions, in particular the identification of the national out-of-court dispute resolution body (ADR entity) responsible for the consumer, the notification of the concerned entrepreneur of a complaint, and a feedback system. This is intended to give consumers the opportunity to submit complaints against companies to this OS platform. These complaints are then forwarded to the respective company.
10.2 The dispute resolution platform is available at http://ec.europa.eu/odr.
11. Applicable Law, Jurisdiction
11.1 Austrian law applies. All legal transactions between us and the Customer shall be governed exclusively by Austrian law, to the extent that no mandatory statutory provisions conflict, to the exclusion of its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
11.2 If the Customer is a consumer, the statutory place of jurisdiction applies.
11.3 If the Customer is an entrepreneur, the exclusive place of jurisdiction is the court with subject-matter jurisdiction at the registered office of erotikwelt. However, erotikwelt remains entitled to sue the business customer at his/her general place of jurisdiction.
12. Place of Performance
12.1 The place of performance for payments is the business address of erotikwelt.
12.2 For deliveries of goods, the place of performance is either the business address of erotikwelt or the shipping location of the first shipper acting on behalf of erotikwelt.
13. Data Protection
The currently valid privacy policy, available at https://www.erotikwelt.org/datenschutzerklaerung, applies.
14. Links and References
The links we set to external pages are merely signposts to those pages; they are therefore displayed via external links in separate browser windows. We do not identify with the content of the pages referred to and assume no liability for them.
15. Note on Participation in the Collection and Recovery System of European Recycling Platform (ERP) Austria GmbH
With regard to the packaging subject to licensing that we place on the market, our company has joined the nationwide collection and recovery system of European Recycling Platform (ERP) Austria GmbH to ensure compliance with our statutory obligation under § 13 g para. 2 AWG. Further information can be found on the website of the European Recycling Platform (ERP) Austria GmbH.
16. Severability Clause
If individual provisions of this contract become invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, enforceable and valid provisions shall apply whose effects come closest to the economic objective that the contracting parties pursued with the invalid or unenforceable provision. The above provisions also apply in the event that the contract proves to be incomplete.
online360 service GmbH
J. Regenhart-Gasse 16, 2380 Perchtoldsdorf
FN 400810b
Appendix
WITHDRAWAL FORM
To:
online360 service GmbH
J. Regenhart-Gasse 16,
2380 Perchtoldsdorf
Email: [email protected]
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods:
Order number: _______________________________________________________
Article number: _______________________________________________________
Ordered on/received on (*): _________________________________________________
Please enter your name/address here.
First name/Last name: ______________________________________________________
Customer number: ______________________________________________________
Email address: ______________________________________________________
Street: _______________________________________________________
Postcode/City: _______________________________________________________
Comment:
Date: ________________________
Signature (only for communication on paper): ______________________________________
(*): Delete as applicable.