TERMS AND CONDITIONS
URBANATVENTURE by Michael Zettl e.U.
As of 25.02.2020
General Terms and Conditions for the URBANATVENTURE by Michael Zettl e.U. Online Shop at www.urbanatventure.com or www.urbanatventure.org. Provider and contractual partner of the online offers on this website is the URBANATVENTURE by Michael Zettl e.U..
URBANATVENTURE by Michael Zettl e.U.
Company registration number: FN 526481m
Commercial Register Court: Commercial Court Vienna
Managing Director: Michael Zettl
Phone: +43 660 696 5662
Information, data information and complaints at: firstname.lastname@example.org
Member of the WKO, Section Leisure and Sports Companies
Legal requirement: Industrial Code http://www.ris.bka.gv.at/
Object of the company: Animation
1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (GTC) apply exclusively to contracts with consumers which are concluded via www.urbanatventure.com and www.urbanatventure.org (hereinafter jointly referred to as "Website") with the URBANATVENTURE by Michael Zettl e.U., Kirschenalleeweg 42, 1220 Vienna, Austria, hereinafter referred to as URBANATVENTURE for short. These GTCs therefore apply to all offers, deliveries and services of URBANATVENTURE, regardless of which means of telecommunication are used to conclude the contract. Within the scope of the online shop only orders using the given system can be considered. Other orders via e-mail or telephone cannot be considered by URBANATVENTURE.
With the completion of your order you agree with our AGB. Without the agreement of the customer to these general terms and conditions a purchase is unfortunately not possible.
Contract language is German.
2. OFFERS AND CONCLUSION OF CONTRACT
URBANATVENTURE sells the goods and services exclusively to private customers (consumers) with residence or habitual abode in Austria (hereinafter "Customer") and only in quantities customary in the trade.
For customers who order via the website, ordering and delivery is only possible within Austria. If you wish to order from another EU country on the website, please contact us by e-mail (email@example.com).
The customer's order constitutes an offer. An order is only possible if all mandatory fields marked with * in the order form are filled out. If information is missing or if URBANATVENTURE cannot fulfil the order for other reasons, the customer will receive an error message. Before the final sending of the order the customer gets the possibility to correct his order. The customer receives supporting detailed information directly during the order process. Acceptance of the order or reservation is effected by an order confirmation by e-mail. The notification of receipt of your order by URBANATVENTURE does not yet constitute acceptance of the order. The sales contract is only concluded when URBANATVENTURE has actually accepted the offer. The customer will be informed of the acceptance by e-mail.
The sales contract is stored by us, but is not accessible to the customer via our webshop. If the customer wants to print out the contract text after his order, he can write an e-mail to the given address, stating his order number. We will then send the contract immediately.
The customer is bound to his order for two days from receipt of his order at URBANATVENTURE. The legal right of withdrawal (see below point 7) remains unaffected. The day of receipt of the order will be announced to the customer immediately in the confirmation of receipt.
The prices stated at the time of the order in the respective national currency shall apply. All prices are total prices including any statutory value added tax and shipping costs within Austria. Payment for the goods is made by credit card or Paypal.
4. ELECTRONIC INVOICE
With these terms and conditions you accept the receipt of an electronic invoice (PDF).
5. PAYMENT AND RETENTION OF TITLE
The purchase price is due upon conclusion of the contract. The delivery of the goods will only take place after the full amount has been received on the bank account of URBANATVENTURE. The goods remain the property of URBANATVENTURE until full payment is received.
Even if the customer is in default of payment through no fault of his own, URBANATVENTURE is entitled to charge default interest in the amount of 4% annually. Claims for compensation of proven higher interest in case of culpable delay in payment are not affected by this.
Online payments are processed by Wix Payments according to current security standards. You can securely complete your order via PayPal or credit card payment with a MasterCard, VISA or American Express.
6. TERMS OF DELIVERY
6.1 SHIPMENT TO A DELIVERY ADDRESS AND DELIVERY TIME
The delivery is carried out by a logistics service provider ex warehouse to the shipping address you have specified. Unless otherwise agreed, URBANATVENTURE delivers the goods within [*] days after confirmation of the conclusion of the contract. In case of payment in advance, the delivery period begins with the receipt of the amount on the account of URBANATVENTURE.
Possibly deviating delivery times are pointed out accordingly.
6.2. RISK DURING DELIVERY
When the goods are dispatched, the risk of loss or damage to the goods is transferred to the consumer only when the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. However, if the consumer himself has concluded the contract of carriage without making use of a choice proposed by us, the risk shall pass to the consumer as soon as the goods are handed over to the carrier.
7. RIGHT OF REVOCATION
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the goods.
To exercise your right of withdrawal, you must inform URBANATVENTURE of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or e-mail sent by post). You may use the sample revocation form below, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged for this refund. We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
The refund will be processed via our online shop provider Wix Payments or via Paypal.
You have to return or hand over the goods to us (URBANATVENTURE by Michael Zettl, Kirschenalleeweg 42, 1220 Vienna) immediately and in any case within fourteen days at the latest from the day you inform us about the cancellation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period.
In case of revocation, the costs for the return shipment are to be borne by the customer.
You only have to pay for a possible loss of value of the goods if this loss of value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functionality of the goods.
Sample revocation form
If you want to cancel the contract, please fill out this form and send it back.
- To URBANATVENTURE by Michael Zettl e.U., Kirschenalleeweg 42, 1220 Vienna, firstname.lastname@example.org:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable.
The warranty is subject to the legal regulations (24 months from receipt of goods). Complaints due to legal warranty claims or other complaints can be made under email@example.com. If an exchange or improvement is not possible (not possible, too much effort, unreasonable, delay), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (redhibitory action). Compensation for (defect) consequential damages, as well as other property damage, financial losses and damages of third parties against the customer, unless it is a consumer transaction, is excluded.
9. CANCELLATION / CANCELLATION OF EVENTS
If you cannot attend an event of URBAN AVENTURE that you have booked and paid for on the website, you have the possibility to cancel your booking by phone or e-mail up to 24 hours before the event begins. The entire purchase price will be refunded immediately. If you cancel between 24 hours and two hours before the event, only half of the price paid can be refunded. No refunds can be offered for cancellations less than two hours before the event.
10. VOUCHER CONDITIONS
Vouchers issued by URBANATVENTURE can be applied to a product of the order when ordering in the online shop. A reduced purchase price is then to be paid accordingly.
11. DAMAGES AND LIABILITY
The liability of URBANATVENTURE towards the customer for damages resulting from the use of products purchased online from URBANATVENTURE is excluded, unless URBANATVENTURE can be accused of culpable behaviour, intent or gross negligence and nothing else arises in the following.
The liability for damages resulting from injury to life, body or health remains unaffected by the aforementioned liability exclusions.
If goods are delivered with obvious transport damages, please complain about such defects immediately to the deliverer and contact us as soon as possible. Failure to make a complaint or to contact us has no consequences for the legal warranty claims of consumers and serves only to support the supplier in asserting his claims against the company commissioned with the delivery of the goods or the insurance company.
No claim from the title of compensation exists for damages caused by the customer, by which in particular, but not exclusively, the following is understood:
- Damage as a result of a third party intervention
- Improper handling
- Mechanical damage
- Incorrect operation
12. INSTRUCTIONS FOR USE / DECLARATION OF CONSENT IN ACCORDANCE WITH DATA PROTECTION LAW
The use of this website is subject to the conditions stated here:
Users of this website agree to these rules.
All contents (texts, pictures, sound files as well as animations and videos) and the design of the URBANATVENTURE website are exclusively for the personal information of our customers and are protected by copyright. Excerpts may only be copied, saved and processed for private purposes. A commercial use requires the explicit written permission.
The use of the website is at your own risk. URBANATVENTURE assumes no responsibility for the contents of external websites to which hyperlinks are provided. URBANATVENTURE hereby expressly distances itself from all contents of all linked third-party websites and does not adopt these contents as its own. This declaration applies to all links shown and to all contents of the pages to which links lead.
We save the text of the contract and send you the order confirmation by e-mail. For security reasons, your order data is no longer accessible via the Internet.
Details on data protection can be found under the link provided.
13. APPLICABLE LAW
For all disputes between the customer and URBANATVENTURE arising out of or in connection with this agreement, the court in whose district the residence, habitual abode or place of employment of the customer is located shall have factual and local jurisdiction. Austrian law applies to the exclusion of all conflict of laws rules.
14. SEVERABILITY CLAUSE
Should individual provisions of this contract be void or ineffective, the remaining provisions shall remain in force.
15. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES
We commit ourselves to participate in the arbitration procedure of the Internet Ombudsman or the OS Platform of the EU in case of disputes:
- www.ombudsmann.at Internet Ombudsman, Margaretenstraße 70/2/10, A-1050 Vienna For further information on the types of proceedings, please visit www.ombudsmann.at.
- OS Platform of the EU
You can reach us by e-mail at firstname.lastname@example.org.