Terms and Conditions
§ 1 Scope
(1) The business transactions of Play Art Multimedia Handels GmbH, Dürne 76, 6842 Koblach, Austria, company registration number FN 186835h (hereinafter: “Play Art”) and you (hereinafter: Customer) shall be governed exclusively by these General Terms and Conditions (GTC). They are binding for all current and future business transactions with Play Art, even if no express reference is made to them.
(2) Any provisions that deviate from or supplement these General Terms and Conditions – in particular general terms and conditions of business or purchase of customers – shall only become part of the contract if they have been expressly confirmed in writing by Play Art.
(3) The current version of the General Terms and Conditions can be copied and printed here.
(4) Play Art is entitled to amend these General Terms and Conditions in accordance with § 13 para 4.
§ 2 Registration as a user
(1) Your registration for our webshop is free of charge. There is no entitlement to admission to our webshop. Only persons of full age (completed 18th year) are entitled to participate. For registration, you electronically fill in the registration form available on our website and send it to us online. The data required for the application/registration must be provided completely and truthfully. As part of the registration process, you choose a personal user name (your e-mail address) and a password. The user name must not infringe the rights of third parties or other name and trademark rights or offend common decency. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.
(2) Apart from declaring your agreement with the validity of these General Terms and Conditions, your registration is not associated with any obligations. If you wish to delete your account, please send an e-mail to: email@example.com. Your registration with us alone does not constitute any obligation to purchase any goods offered by us.
(3) If your personal details change, you are responsible for updating them yourself. All changes can be made online after registration under “My account”.
§ 3 Conclusion of contract
(1) The presentation of our goods does not constitute a binding offer on our part, but merely a non-binding online catalogue. By clicking on the button “Complete purchase”, you make a binding offer to purchase the goods or services contained in the shopping basket (order). The confirmation of receipt of your order by e-mail (order confirmation) follows immediately after you have sent your offer and does not constitute acceptance of the contract by Play Art. The order confirmation merely informs you that your order has been received.
(2) A contract (purchase) is only concluded when Play Art ships the ordered product to you and confirms the shipment to you with a second e-mail (shipping confirmation). If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate contract of sale will be formed between us in respect of each Dispatch Confirmation for the Products listed in that Dispatch Confirmation. Notwithstanding your right of cancellation under § 4, you may cancel your order for a Product free of charge at any time before we send you the relevant Dispatch Confirmation.
(3) The essential features of the goods offered by us as well as the period of validity of limited offers can be found in the individual product descriptions on our website. If the price information on the website is incorrect, Play Art will inform the Customer of this immediately by e-mail in accordance with § 5 para 6 and will not carry out the purchase. If the Customer has already paid the purchase price, Play Art will refund the amount in full.
(4) You can identify any input errors when placing your order during the final confirmation before checkout and correct them at any time using the delete and change function before sending the order.
(5) The data required for the processing of the contract between you and us are stored by us and are accessible to you at any time. In this respect, we refer to the data protection regulation in our General Terms and Conditions.
(6) The language available for the conclusion of the contract is exclusively German.
§ 4 Right of withdrawal for consumers
As a consumer, i.e. as a natural person who places the order for a purpose which can predominantly be attributed neither to his commercial nor to his self-employed activity, you have a right of revocation. You will find the form for a sample declaration of revocation in Appendix I to these General Terms and Conditions.
As a consumer, you have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send us
Play Art Handels GmbH
Phone: +43 5523 62365-0
Fax: +43 5523 62365-4
by means of a clear declaration (e.g. a letter or e-mail sent by post) about your decision to revoke this contract. You can use the attached model cancellation form for this purpose.
If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
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 expiry of the revocation period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from a type of delivery other than the standard delivery), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract.
The deadline is met if you send the goods before the end of the period of fourteen days. We will bear the costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value can be attributed to you through inspection.
Exclusion of the right of withdrawal
Please note: There is no right of cancellation for the delivery of goods that are made to customer specifications or are clearly tailored to your personal needs, or goods that deviate from the factory design, if Play Art has provided these in full and you have noted and expressly agreed before placing the order that we can start providing the service and you lose your right of cancellation upon complete fulfilment of the contract (§ 18 FAGG).
End of the cancellation policy
§ 5 Prices and terms of payment
(1) The prices quoted by Play Art include the statutory value added tax, but not the shipping costs. The final price including shipping costs will be stated with each order.
(2) Promotional prices and special offers are only valid for the specified period or while stocks last.
(3) In principle, we accept the payment methods cash in advance, invoice, credit card, PayPal and instant bank transfer. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods. In the case of purchase by credit card, your credit card account will be charged by clicking the button “Order now with costs”.
(4) You agree that you will receive invoices and credit notes exclusively in electronic form.
(5) Please note that we only accept payments from accounts within the European Union (EU) and Switzerland. In no event will we be liable for the cost of any money transaction.
(6) Play Art endeavours to ensure that the prices stated reflect the correct purchase price at the time of entry into the webshop. However, our webshop contains a large number of different products, so that despite all due care, it may happen that some products show incorrect prices. If Play Art discovers an error in the pricing of a product, we will inform the customer of this and give the customer the option of either purchasing the product(s) at the correct price or cancelling the order. Play Art will not carry out the transaction until instructed to do so by the Customer. In the event that contact cannot be made within a reasonable time, Play Art will cancel the order.
§ 6 Retention of title
The goods remain our property until full payment has been made.
§ 7 Terms of delivery
(1) Play Art shall deliver the goods in accordance with the agreements made with you. Unless otherwise agreed, delivery will be made to the address you have given us (delivery address) during normal business hours. If you have ordered several goods at the same time, these orders will each constitute individual contracts and deliveries will generally be made separately; however, such orders may also be combined into one overall delivery. You will not incur any additional costs as a result.
(2) Any shipping costs incurred are listed in the product description and are shown separately on the invoice. The pure delivery period is 1-3 working days for ordinary goods, depending on the selected shipping method and shipping location. The delivery period for goods that are manufactured according to customer specifications or are clearly tailored to your personal needs, or goods that deviate from the factory design, may deviate due to additional production steps.
§ 8 Subcontractors
Play Art is entitled to use subcontractors to fulfil its contractual obligations.
§ 9 Warranty
The statutory warranty regulations shall apply.
§ 10 Privacy
§ 11 Limitation of liability
(1) Play Art accepts no liability for the constant or uninterrupted availability, freedom from errors in terms of content or the absence of viruses of its online trading system. In particular, Play Art accepts no liability in cases that are beyond the control of Play Art, such as internet connection problems or force majeure.
(2) If there are interruptions in the availability of the platform – whereby Play Art will reduce maintenance times and further development times to a necessary minimum – Play Art shall not be liable to the Customer for loss of data or other damages resulting therefrom, unless they are caused by intent or gross negligence.
(3) Play Art shall be liable without limitation for damages caused by Play Art resulting from injury to life, body or health (personal injury) as well as for all damages caused intentionally or by gross negligence. Play Art shall only be liable for slight negligence if essential contractual obligations (so-called cardinal obligations) are breached, whereby liability shall be limited to the foreseeable damage typical for the contract. Cardinal obligations are those obligations which the contract must grant to the contractual partner according to its meaning and purpose or the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely. Play Art shall not be liable for the slightly negligent breach of obligations other than those referred to in the preceding sentences. Liability under the Product Liability Act remains unaffected.
(4) The above liability regulations also apply to Play Art’s vicarious agents and legal representatives. They apply to all contractual and legal claims, including those arising from tort.
§ 12 Online dispute resolution
As a consumer, you have the option to resolve disputes relating to the purchase of our products online. You can find more information about this on the website of the EU https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE or the Internet Ombudsman: http://www.ombudsmann.at/.
§ 13 Final provisions
(1) Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
(2) Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(3) The place of jurisdiction shall be exclusively the registered office of Play Art if the customer is an entrepreneur within the meaning of § 1 of the Consumer Protection Act (KSchG) or a person without a fixed abode in a Member State of the EU or if the user has moved his fixed abode to a country outside the EU after these General Terms and Conditions have come into effect or if the domicile or usual place of residence of the customer is not known at the time the action is brought.
(4) Play Art reserves the right to make changes to the website, rules, conditions including these GTC at any time. Play Art will only make these changes for good cause, in particular due to changes in the law, legal requirements or other important reasons. The current T&Cs at the time of the order apply to each purchase.
(6) Should individual provisions of this contract be invalid or contradict legal regulations, this shall not affect the rest of the contract. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes as close as possible to the economic sense and purpose of the ineffective provision. The above provision shall apply accordingly in the event of loopholes.