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terms and conditions

 

The general terms and conditions of the online store webandits.eu 

Below we present you with the General Terms and Conditions (GTC) applicable to your orders placed with WE BANDITS GmbH on our website (https://www.webandits.eu/), by email, by phone and via social media platforms (collectively referred to as "webandits.eu"). On webandits.eu we offer you a selection of sustainably and ethically produced items from our own production as well as selected products from trusted partners.

 

1. Contractors

1.1. The online store webandits.eu is run by: 

WE BANDITS GmbH
Lindengasse 11/6
A - 1070 Vienna

UID/ATU 75394413
FN 529814p
VAT ID No. DE329594077

1.2. The distribution of the goods is carried out by:

pack&weg! Spedition und Handels GmbH
Kettenbrückengasse 5
AT - 1040 Wien

VAT ID No. ATU68265557
Seat: Vienna, Steuernummer FA 09 228/2151, Handelsgericht Wien FN402474z

2. General information

2.1. In order for a contract ("Purchase") to be concluded between WE BANDITS GmbH ("Seller") and a customer of webandits.eu ("Customer"), it is necessary that the Customer accepts these General Terms and Conditions ("GTC") and thus agrees that any Purchases are subject to these GTC. This is necessary each time, even in case of a repeated Purchase by the same Customer.

2.2. In order to be able to shop in the online store, the Customer needs an end device that meets certain technical requirements as well as an active internet connection.

 

3. Scope

3.1. The entire business relationship between the Seller and the Customer shall be governed by these GTC excluding all prior agreements, oral or written.

3.2. The customer is an "entrepreneur" if the transaction is part of the operation of his business. If this does not apply, the customer is a "consumer" within the meaning of Section 1 (1) (2) of the Consumer Protection Act (KSchG). 

 

4. Conclusion of contract

4.1. The purchase agreement via webandits.eu can be concluded in English or German.

4.2. The purchase contract is concluded between the Customer and the Seller.

4.3. The Customer can place the order with the Seller in the following ways:

a. In the online store
b. By contacting the Seller's customer service:
  • By email
  • By phone

4.4. The Purchase via the online store is carried out in the following way:

a. The Customer places the product(s) he wishes to purchase in the shopping cart, clicks on the shopping cart and proceeds to check-out. Before completing the Purchase, it is necessary for the Customer to confirm that he/she has taken note of and accepted these GTC by actively placing a check mark in a field provided for this purpose. At this point, the Customer also has the opportunity to take note of the privacy policy of the Seller. 
b. The Customer provides the personal data required in the form of the online store, such as first name, last name, address. The Customer is responsible for the correct and careful indication of the data. Possible additional costs that may arise from the provision of incorrect data will be charged to the Customer and not borne by the Seller. The Seller offers the customer the technical possibility to create a customer account. In this case, the shipping data will be filled in automatically during a repeated purchase of a logged-in customer. However, the customer has the possibility to edit it before placing the order.
c. The Customer selects one of the available shipping methods.
d. The Customer selects one of the available payment methods.
e. The Customer is redirected to the last page of the check-out with an order summary, where he/she can check the entered data and correct it if necessary by returning to one of the previous pages. To place the order, the Customer then clicks on "Pay Now". With this click, the Customer makes a binding offer to the Seller to purchase each and every one of the goods in his shopping cart at the prices stated therein and plus the shipping costs stated therein, applying the provisions of these GTC. The Seller cannot guarantee that each item selected by the Customer is actually available for delivery. 
f. The Customer is redirected to the page of the selected payment service provider, where he makes the payment.
g. After a successful payment, the Customer is redirected back to the Seller's online store, where he/she is shown an order confirmation with an order number. 

 

4.5. The total value displayed in the check-out in the last step includes the gross price of the goods (the applicable VAT is included in the displayed price), the delivery costs and, if applicable, additional costs for other services selected by the Customer. 

4.6. After the Customer has placed the order using the steps specified in section 4.4, the Customer will receive an automatically generated confirmation of receipt by e-mail to the e-mail address provided by the Customer, which merely confirms receipt of the Customer's order, but does not yet constitute acceptance of the Customer's offer by the Seller.

4.7. The Seller does not guarantee that the goods selected by the Customer will be available at the time of the order. The Seller shall notify the Customer without undue delay if any goods selected by the Customer are permanently or temporarily unavailable at the time of the order. If the goods are permanently unavailable, the Seller does not accept the Customer's offer and therefore no contract is concluded with respect to this product. The possibility of acceptance of the offers concerning other offers included in an order remains unaffected.

4.8. The Seller may accept the Customer's offer by sending a shipping confirmation to the e-mail address provided by the Customer. Only upon receipt of this binding declaration of acceptance by the Seller or, insofar as such a confirmation is not sent, by delivery of the goods, a purchase contract is concluded.

4.9. If an ordered product is only temporarily unavailable, the Seller shall inform the Customer of this within the scope of his declaration of acceptance. If the product is not ready for shipment within 14 days of the Customer's order, the Customer has the option to withdraw from the contract. Should it become apparent after the conclusion of the contract that a product is permanently unavailable, both the Seller and the Customer have the right to withdraw from the contract. 

4.10. In case of non-acceptance of the offer by the Seller or justified withdrawal from the contract, the Seller shall immediately refund to the Customer the payment made for the goods in question.

4.11. In case of a purchase via e-mail and any other way mentioned in point 4.3. b, the provisions of points 4.4. to 4.10 above do not apply, but all other provisions of these General Terms and Conditions remain valid and unaffected. 

 

5. Payment and prices 

5.1. The prices displayed in the shopping cart at the time of the order apply. The prices include the statutory value added tax (VAT). 

5.2. The Seller offers the Customer different payment methods. The currently available payment methods are listed in the "Payment" section and in the check-out. The payment methods are offered by external payment providers. If applicable, their general terms and conditions and data protection declarations apply. 

5.3. In general, payment is due immediately. 

 

6. Delivery, shipping methods and deadlines

6.1. The Seller offers shipping of goods exclusively to countries in the EU-Schengen area. Shipping to third countries outside the EU-Schengen area (such as Switzerland and the United Kingdom in particular) is not possible. 

6.2. Delivery is usually within 2 to 5 business days. In exceptional situations it may take up to 14 days. The Seller assumes no liability for any deviating delivery times of the courier.

6.3. The shipping costs are to be borne by the Customer. The currently applicable shipping costs to the respective countries are listed in the online store in the "Shipping" section and in the check-out.

6.4. The risk of loss or damage to the goods is transferred to the Customer after delivery. Before accepting the package, the Customer must check it for damage and removed contents. If the package appears to be damaged, it should not be accepted from the courier. If the Customer refuses to accept the package from the courier without giving any reason, the Seller reserves the right to deduct the resulting freight costs from the refund.

 

7. Right of return / Right of revocation / Right of withdrawal

7.1. INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL 

The Customer has the right to withdraw from the contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which the Customer acquires, or a third party other than the carrier, and indicated by the Customer acquires physical possession of the goods;

To exercise the right of withdrawal, the Customer must inform the Seller via E-mail: support@webandits.eu of his/her decision to withdraw from this contract by an unequivocal statement (e.g. e-mail). The Customer may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient that the Customer sends his/her communication concerning his/her exercise of the right of withdrawal before the withdrawal period has expired.

 

7.2. EFFECTS OF WITHDRAWAL

If the Customer withdraws from this contract, the Seller shall reimburse to the Customer all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the Customers choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event no later than within fourteen days from the day on which the Seller is informed about the Customers decision to withdraw from this contract. The Seller will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agreed otherwise; in any event, the Customer will not incur fees as a result of such reimbursement.

The Seller may withhold reimbursement until it has received the goods back or the Customer has supplied evidence of having sent back the goods, whichever is the earliest. 

 

7.3. RETURN OF THE GOODS

The Customer must return the goods immediately and in any case no later than within fourteen days from the day on which he notifies the Seller of the revocation of the contract to:

 

WE BANDITS GmbH
c/o pack&weg! Spedition und Handels GmbH
IZ-Nö Süd Straße 2a
Objekt M39/II
AT - 2355 Wiener Neudorf

 

The deadline is met if the Customer sends the goods before the expiry of the period of fourteen days.

The Customer is offered the possibility to generate a free DHL return label for the return. All details can be found on the subpage "Returns" on the website. If the Customer does not use this option and instead returns the goods at his own expense, the return shipping costs will not be refunded.

All goods must be returned - in case of any other obligation to replace - unused and undamaged with price tags and in the original packaging. The Customer must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

 

7.4. SAMPLE OF THE WITHDRAWAL FORM

(If the Customer wants to cancel the contract, he can fill out this form and send it to the Seller. However, it is also sufficient if the Customer fills in the return form enclosed in the package and sends it back to the Seller with the goods in the package). 

He can additionally write an E-mail: support@webandits.eu

 

I/we (*) hereby  give notice that I/We (*) withdraw from my/our (*) contract of sale  of the following goods (*)/provision of the following service (*)
     
-Ordered on (*)/Received on (*)
-Name of consumer(s)
-Address of consumer(s)
-Signature of consumer(s) (only in case of notification on paper)
-Date

   

(*) Delete as applicable.

 

7.5. SUPPLEMENTARY PROVISIONS 

a. The right of withdrawal mentioned in point 7 is exclusively available to consumers. The above cancellation policy incl. consequences of cancellation and sample cancellation form merely inform consumers of their rights, in particular under the Austrian Distance and Foreign Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz,FAGG). The rights of withdrawal under the FAGG are in no way intended to be extended or granted to a larger group of persons.
b. The right of withdrawal does not apply to goods that are manufactured according to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature, that can spoil quickly or whose expiration date has passed (§ 18 (1) FAGG).
c. The consumer must pay for any loss in value of the goods only if this loss in value is due to handling by the consumer that is not necessary for testing the quality, characteristics and functioning of the goods.
d. For technical reasons it is not possible to offer an exchange. To order a different size, color or model, it is necessary for the customer to place a new order. The shipping costs of the new order are to be paid by the Customer.
e. In the following cases, we will refund the purchase price excl. shipping costs and after deducting the additional return shipping costs incurred:

  • If the delivery has not been made due to the Customer giving the wrong address.
  • If the Customer did not pick up the parcel from the parcel shop/packing station/post office in time.
f. If a defective or incorrect product has been sent, the Seller will refund the purchase price and pay the return shipping costs. 

 

8. Retention of title

All goods are delivered by the Seller under reservation of title and remain his property until full payment. The assertion of the reservation of title shall only constitute a withdrawal from the contract if this is expressly declared. In the event of goods being taken back, the Seller shall be entitled to charge any transport and handling costs incurred. In the event of access by third parties to the goods subject to retention of title - in particular through seizure - the Customer undertakes to draw attention to the Seller's right of ownership and to notify the Seller without delay. If the Customer is a consumer or not an entrepreneur whose ordinary business operations include trading in the goods purchased from the Seller, he may not dispose of the reserved goods, in particular sell, pledge, give away or lend them, until the outstanding purchase price claim has been settled in full. The Customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.

 

9. Warranty 

9.1. In case of defects of the goods, the statutory warranty provisions shall apply in accordance with the following provisions (for consumers in particular § 8 KSchG, for entrepreneurs in particular § 377, 378 UGB). 

9.2. No case of warranty exists for damage caused by improper use or handling of the goods. The same applies to normal wear and tear. 

9.3. The images of the goods in the online store may differ in color and size from the appearance of the delivered products due to the resolution and size of the Customer's terminal equipment. The delivered goods are considered to be in accordance with the contract if the delivered goods comply with the other product specification. 

9.4. Upon receipt, the Customer shall inspect the delivered goods as far as possible for completeness, correctness and other freedom from defects, in particular for intactness of the packaging, and report any defects to the Seller by email (to: support@webandits.eu) and briefly describe them. In the case of consumers, this only serves the purpose of faster and more effective processing of any notices of defects. A violation of this obligation also does not lead to a limitation of the statutory warranty rights for consumers. 

9.5. If the Seller requests a return of the goods from the Customer and the goods are actually defective, the Seller shall bear the corresponding costs. Otherwise, any costs of the shipment shall be borne by the Customer, unless the Customer uses the provided DHL return label as described in 7 - “Return of goods”. Defective goods are therefore to be returned only at the express request of the Seller.

9.6. If the Customer is an entrepreneur, the following applies in addition to the above points:

a. A breach of the obligation to notify defects as set forth in clause 9.4. shall result in the delivery being deemed approved and all claims in this context, such as warranty, contestation of error and damages due to an alleged deviation or defect of the goods shall lapse (§ 377 UGB).
b. The Seller shall have the exclusive choice of remedy to remove a defect notified in due time. The Seller is also free to withdraw from the agreement immediately. 
c. The Customer shall bear the costs of returning the goods for improvement or replacement.

 

10. Liability and final provisions

10.1. The place of performance shall be the registered office of the Seller.

10.2. The contracting parties agree on Austrian domestic jurisdiction. If the transaction is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of the Seller shall have exclusive local jurisdiction to decide on all disputes arising from this contract.

10.3. The material law of the Republic of Austria shall apply exclusively,  excluding the reference norms of international private law and the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that mandatory provisions of the law of the state in which he has his habitual residence are not displaced. 

10.4. The Seller assumes no liability to entrepreneurs for damages caused by the shipping service provider.

10.5. All claims for damages are excluded in cases of slight negligence. In the case of consumer transactions, this shall not apply to personal injury or to damage to items accepted for processing. The provisions on damages contained in these GTC or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim. 

10.6. Any liability, with the exception of liability for intent, towards entrepreneurs is limited to the amount of the purchase price of the goods. Seller warrants that the goods will conform to the descriptions contained in the order. However, certain deviations in style, color, size or finish or irregularities in packaging may occur. No warranty/liability can be accepted for this.

10.7. Otherwise, the statutory provisions shall apply. However, the Seller shall not be liable to Customers who are entrepreneurs for damages that have not occurred to the goods themselves; in particular, the Seller shall not be liable for lost profits or for other financial losses of such Customer. 

10.8. The Seller seeks to update the website regularly to ensure that prices, offers, descriptions, stock levels and other information relating to the goods are correct. However, errors are reserved and no liability can be accepted for such errors. In the event of missing stock, pricing errors or other misleading information that may affect the order, the Customer will be contacted via email as soon as possible and given the opportunity to revise or cancel the order.

10.9. The assignment of individual rights and obligations arising from these GTC shall only be permitted with the express written consent of the other contracting party.

10.10. The Customer agrees to receive messages in accordance with § 107 Austrian Telecommunications Act (Telekommunikationsgesetz, TKG) for advertising purposes from the Seller or from companies that have been commissioned by the Seller for this purpose. This consent can be revoked by the customer at any time by sending a respective request to the Sellers e-mail address: support@webandits.eu.

 

11. Severability clause

For transactions with entrepreneurs, should individual provisions of these GTC or the contracts concluded on the basis thereof be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of these GTC and the contracts concluded on the basis thereof. The wholly or partially invalid provision shall be replaced exclusively in contracts with entrepreneurs by a provision that comes closest to the meaning and purpose of the invalid provision.  



Last updated 3.10.2023