Version: December 2021
Scope of Application
1.1 These General Terms and Conditions (GTC) shall apply to all sales transactions between Monika Maria Wiesner and its customers. Deviations from these GTC can only be agreed upon in writing.
1.2 These GTC shall also apply to all future business transactions until new GTC are issued by Monika Maria Wiesner, even if these are concluded without reference to the GTC.
Conclusion of Contract and Content
2.1 The offers of Monika Maria Wiesner are subject to confirmation and non-binding. When ordering via the online store, the customer submits a binding offer for the goods in the shopping cart by clicking the order button „order with obligation to pay“. In any case, contracts about orders of the customer are only concluded with the sending of a written order confirmation or the successful delivery of goods by Monika Maria Wiesner. In case of orders, the customer is bound for seven days from the receipt of the order by Monika Maria Wiesner.
2.2 Obvious mistakes, printing, calculation, spelling and calculation errors shall not be binding for Monika Maria Wiesner and shall not entitle the customer to any compensation.
2.3 The dimensions, weights, illustrations, descriptions, colors and the like indicated in the catalogs, brochures and other documents of Monika Maria Wiesner or on the Internet are only approximate; all indications are only approximate and subject to change, unless they are expressly designated as binding in writing. Changes of the goods ordered by the customer, which are due to the improvement of technology or legal requirements (in particular the law or case law), are reserved during the delivery period, provided that these changes are reasonable for the customer.
Delivery, Delivery Time and Transfer of Risk
3.1 If Monika Maria Wiesner takes over the shipment, this shall be done on behalf and for the account of the Customer. Costs for shipping are shown separately in the online store when the order is placed. The risk is transferred with the delivery to the customer or to a third party determined by him and different from the carrier (§ 7b KSchG). Partial deliveries by Monika Maria Wiesner are permitted, as far as this is not unreasonable for the customer.
3.2 The indication of delivery periods or delivery dates by Monika Maria Wiesner shall always be subject to change and shall be complied with as far as possible. The non-observance of a delivery period or a delivery date shall only entitle the customer to assert rights to which he is entitled if a granted grace period of at least 14 days has expired unused.
3.3 Unless expressly agreed otherwise in writing, a delivery period shall commence on the latest of the following dates:
Date of order confirmation;
Date of fulfillment of all technical and financial requirements incumbent upon the customer, in particular compliance with the agreed terms of payment.
3.4 Delivery dates shall be automatically postponed in a reasonable manner if the Customer fails to meet all technical and financial preconditions incumbent upon it in due time.
Prices and payment
4.1 The prices of the goods are shown in the online store of Monika Maria Wiesner under www.monikawiesner.com/shop/. All prices are subject to change until the day of the conclusion of the contract (§ 2.1). The value added tax is shown separately according to the legal regulations at the respective valid rate. Not included in the prices is the shipping, which is charged additionally and shown separately in the online store.
4.2 Monika Maria Wiesner is entitled to make deliveries dependent on advance payments (advance payment).
4.3 Invoices are to be paid immediately upon receipt, at the latest within 5 working days from the invoice date without deduction. Payments shall be made in time if they are received by Monika Maria Wiesner in cash on the due date or on the last day of the payment period, respectively, or if they are irrevocably credited to Monika Maria Wiesner’s account. Special benefits granted shall be deemed to have been forfeited and shall be subsequently charged if full payment of the entire invoice is not made on time.
4.4 The customer shall automatically be in default of payment upon expiry of the payment period without a reminder. If the customer is in default with even one payment, Monika Maria Wiesner shall be entitled to,
a) to charge reasonable reminder fees for each (own) reminder,
b) to charge all costs incurred for collection steps by third parties (lawyer’s fees or costs of collection agencies) according to the applicable lawyer’s tariff or according to the provisions of the Collection Fees Ordinance,
c) to credit payments first to cover accrued costs, then to cover accrued interest on arrears, and then to credit payments to the oldest debt (any payment disqualifications on the part of the customer are hereby agreed to be irrelevant),
d) without prejudice to the right to claim further damage caused by the delay, to demand interest on arrears at the statutory rate (this interest rate shall be set correspondingly higher if Monika Maria Wiesner itself has to bear a burden with a higher interest rate),
e) to claim a reasonable extension of the delivery period, whereby the period of delay in payment shall in any case be a reasonable extension period (this provision shall apply to cases in which the delivery period would have already started before complete receipt of payment due to an agreement to this effect; with regard to the general start of the delivery period, cf. § 3.3),
f) withhold further deliveries,
g) in the case of agreed payment in several purchase price instalments, to make the entire outstanding purchase price balance due (loss of date),
h) to withdraw from the contract in case of non-compliance with a reasonable grace period and to assert any claims for compensation.
4.5 Monika Maria Wiesner shall be free to charge the customer with all expenses incurred in connection with the open liability.
5.1 The statutory warranty rights for consumers shall remain unaffected. The warranty period for goods is therefore two years from handover to the customer. The rights of the customer arising from the warranty as well as the claims arising from a price reduction or termination of the contract shall become time-barred three months after the expiry of the warranty period. The customer shall notify Monika Maria Wiesner of any defects in writing.
5.2 Monika Maria Wiesner warrants that the goods have the agreed quality at the time of handover and are free from material defects. The goods shall be suitable for the expressly intended purpose and shall have that quality which is usual for goods of the same kind.
5.3 There shall be no warranty claim for insignificant defects. Defects in part of the delivery shall not entitle the customer to complain about the remaining delivery.
5.4 If there is a defect, Monika Maria Wiesner shall be entitled to subsequent performance by improvement of the defect or replacement by goods free of defects. The customer shall have the right to choose between improvement or replacement, unless the chosen remedy involves a disproportionately high effort for Monika Maria Wiesner compared to the other remedy.
5.5 The customer shall give Monika Maria Wiesner the necessary time and opportunity to carry out the rectification or replacement delivery.
5.6 Monika Maria Wiesner may demand from the customer that the defective goods are sent to an address specified by Monika Maria Wiesner at the expense of Monika Maria Wiesner or – at the option of Monika Maria Wiesner – that the customer keeps the defective goods ready and Monika Maria Wiesner or a third party commissioned by Monika Maria Wiesner carries out the rectification of defects or the replacement directly at the customer’s premises.
5.7 Normal wear and tear of the goods shall not constitute a warranty claim. Monika Maria Wiesner expressly refers to the instructions for operation, use, care and cleaning, which are enclosed with the goods. Monika Maria Wiesner does not assume any warranty or liability for damages due to deviating operation, use, cleaning and/or care or use under extraordinary external conditions. Such exclusion of liability and warranty shall also apply in case of unauthorized modification of the goods.
5.8 The customer shall only have the right to reduce the price or to dissolve the contract if
5.8.1 the defect is so serious that an immediate price reduction or termination of the contract is justified;
5.8.2 Monika Maria Wiesner refuses to produce the defect-free condition;
5.8.3 it results from statements of Monika Maria Wiesner or it is obvious according to the circumstances that Monika Maria Wiesner will either not produce the defect-free condition at all or not within a reasonable period of time or not without considerable inconvenience for the Customer;
5.8.4 Monika Maria Wiesner has not yet produced the defect-free condition despite the expiration of a reasonable period of time; or
5.8.5 a defect occurs although Monika Maria Wiesner has tried to produce the defect-free condition.
5.9 Monika Maria Wiesner shall not assume any warranty for the fulfillment of special regulations in the country of destination.
6.1 Monika Maria Wiesner shall be liable – unless otherwise provided for in these GTC – in accordance with the statutory provisions. The provisions of the Product Liability Act shall apply without limitation.
6.2 For any damages, any liability of Monika Maria Wiesner shall be excluded by mutual agreement in cases of slight negligence; this shall not apply to personal injuries.
6.3 Insofar as the liability of Monika Maria Wiesner is excluded or limited, this shall also apply to the personal liability of Monika Maria Wiesner’s employees, representatives and vicarious agents.
Retention of title
7.1 The goods shall remain the property of Monika Maria Wiesner until payment has been made in full. The retention of title shall also be valid against the carrier to whom the goods are handed over at the request of the customer or at the instigation of Monika Maria Wiesner.
7.2 Monika Maria Wiesner is entitled to demand the immediate surrender of the delivered but not yet fully paid goods, if:
a) the customer does not meet his payment obligations punctually and in full;
b) insolvency proceedings are applied for or opened against the customer’s assets as well as in case of rejection of the bankruptcy due to lack of cost-covering assets;
c) the customer de facto ceases to make payments;
d) approaches his creditors for the conclusion of an out-of-court settlement.
7.3 The taking back of the goods by Monika Maria Wiesner shall not be considered as a withdrawal from the contract, unless this is separately agreed upon in writing. Even in case of taking back the goods sold under retention of title, the right of Monika Maria Wiesner to claim damages for non-performance shall remain. Until the expiry of the retention of title, the purchaser shall be deemed to be the fiduciary custodian of the goods sold under retention of title. The costs arising from the assertion of Monika Maria Wiesner’s rights arising from the retention of title shall be borne by the customer.
Right of withdrawal for consumers
8.1 If the customer is a consumer and if he/she has concluded a contract with Monika Maria Wiesner at a distance (in particular via the online store) or outside of business premises for the purchase of goods, he/she may withdraw from the concluded contract within 14 days from the day on which he/she or a third party designated by him/her and not acting as a carrier obtains possession of the goods, without stating any reasons.
8.2 In order to exercise the right of withdrawal, the consumer must inform Monika Maria Wiesner (Sparkassenplatz 5/5, 6020 Innsbruck, email@example.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of his decision to withdraw from this contract. For this purpose, the consumer may use the model withdrawal form available on our website, which, however, is not mandatory.
8.3 If the customer revokes this contract, Monika Maria Wiesner will repay all payments already received, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the most favorable standard delivery offered), without undue delay and no later than within fourteen days from the day on which the notification of the revocation of this contract has been received by Monika Maria Wiesner. For this repayment, Monika Maria Wiesner shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; in no case shall the Customer be charged any fees due to this repayment. Monika Maria Wiesner may refuse the repayment until the goods have been received back or until the Customer has provided proof that he has returned the goods, whichever is earlier.
8.4 The Customer shall return the goods to the address shown above without undue delay and in any case no later than within fourteen days from the day on which the Customer has notified Monika Maria Wiesner of the revocation of this contract. The deadline is met if the customer sends the goods before the expiration of the period of fourteen days. Without prejudice to the legal rights, Monika Maria Wiesner shall provide the Customer with a free return label for the return shipment. Monika Maria Wiesner shall send the return label by e-mail. The return shipment can be handed in by the customer in a parcel store of the respective provider in Austria and Germany. The customer has to pay for a possible loss of value of the goods only 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 functioning of the goods.
Place of Jurisdiction and Final Provisions
10.1 Amendments, supplements and ancillary agreements to these GTC as well as assurances of any kind and declarations vis-à-vis Monika Maria Wiesner must be made in writing in order to be effective. This shall also apply to the agreement to deviate from this formal requirement.
10.2 The contractual relationship between Monika Maria Wiesner and the customer shall be governed by the law of the Republic of Austria to the exclusion of all bilateral and/or multilateral agreements concerning the purchase of movable goods, in particular to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) as well as the conflict of laws provisions of the International Private Law Act (IPRG) and Rome I. The customer shall be entitled to claim damages in accordance with the provisions of the CISG. If the customer is a consumer and has his habitual residence outside of Austria, all mandatory provisions for consumers provided for by the legal system of that state in which the consumer has his habitual residence shall apply despite this choice of law (Article 6 Rome I Regulation).
10.3 The contractual language is German.
10.4 The Internet Ombudsman’s Office (https://www.ombudsstelle.at/) shall act as an extrajudicial dispute resolution body. The customer may call this arbitration board in case of disputes. The consumer acknowledges that Monika Maria Wiesner is not obliged to involve or submit to this dispute resolution body, and that in the event of a dispute, Monika Maria Wiesner will first decide whether or not to agree to an out-of-court dispute resolution procedure.
10.5 Should individual provisions of these GTC be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In this case, a new provision shall be made in place of the invalid provision which corresponds or comes closest to the economic purpose of the invalid provision or the presumed intention of the contracting parties.