Allgemeine Geschäftsbedingungen

1. General Terms and Conditions

The business relationship between NOW WOW OG and the customer shall be governed exclusively by the following General Terms and Conditions (GTC) in the version valid at the time of the order. The customer agrees that in case of doubt, our terms and conditions shall apply if the customer uses the GTC, even if the customer's terms and conditions remain unchallenged. Acts of fulfilment of the contract on our part shall in this respect not be deemed as consent to contractual terms and conditions deviating from our terms and conditions. If ambiguities nevertheless remain in the interpretation of the contract, these are to be cleared up in such a way that those contents are deemed to be agreed which are usually agreed in comparable cases. The contractual terms and conditions become part of this contract when you place an order.

If a customer carries out a transaction that is not part of the operation of his company, this customer acts as a consumer. For customers who are not consumers, these GTC apply accordingly.

The dispatch of goods takes place in accordance with the Austrian Consumer Protection Act (KSchG).

2. Language of contract

The content and language of the contract are German

3. Conclusion of contract

3.1.

The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the seller's websites do not have the character of an assurance or guarantee. All offers are valid ‘while stocks last’, unless otherwise stated with the products. Errors excepted.
Our offers are subject to change. Your order represents an offer to us to conclude a purchase contract. A purchase contract is only concluded when we dispatch the ordered product to you. No purchase contract is concluded for products from the same order that are not dispatched. The contractual partner is NOW WOW OG. The customer agrees that invoices may also be issued and sent to them electronically. The customer can change and view the data at any time before submitting the order. Required information is marked with an asterisk (*).

3.2.

If the customer chooses to pay in advance, the contract is concluded with the provision of the bank details and request for payment. If the payment has not been received by the seller within 7 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the item for advance payments is therefore made for a maximum of 7 calendar days.

4.

4.1. Right of cancellation, exclusion of cancellation, cancellation policy

Consumers have a right of cancellation, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise the right to cancel, you must inform us (NOW WOW OG, Neubaugasse 65, 1070 Vienna, phone +43 660 242 6565, hallo@nowwow.shop) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

4.2. Consequences of cancellation

If you cancel this contract, we must refund all payments that we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of 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; in no case will you be charged any fees for this repayment. 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 earliest.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract:

NOW WOW OG
Neubaugasse 65
A-1070 Vienna

The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You 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 is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

4.3. Exclusion or premature expiry of the cancellation

The right of cancellation does not apply to contracts:

for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of cancellation expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.5. Preise und Versandkosten

5. Prices and shipping costs

All prices stated on our website include the applicable statutory value added tax. In addition to the prices quoted, we charge shipping costs for delivery. The shipping costs are clearly communicated to the buyer on the shipping costs page and during the ordering process.

6. Storage of the contract text

The contract text, i.e. the customer's details regarding the order process, is stored by us and can be viewed by the customer under the ‘My account’ link. Irrespective of this, NOW WOW OG sends an order confirmation to the e-mail address provided by the customer.
The general terms and conditions are available online.

7.

7.1. Availability of goods

If no items of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

7.2.

If the product specified by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller shall immediately reimburse any payments already made by the customer. If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.

8.

8.1. Terms of delivery and collection

Unless otherwise agreed, delivery will be made to the address specified by the customer. The estimated delivery time is indicated directly in the shopping basket and on the website under ‘Shipping and payment’. If payment is made in advance, the delivery period begins one day after receipt of the amount in the bank account of NOW WOW OG. In other cases, the delivery period begins one day after receipt of the order. The dispatch takes place only after receipt of payment.

8.2. Obstacles to delivery

NOW WOW OG bears no responsibility in the event of obstacles to delivery on the part of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which NOW WOW OG is not responsible, we are entitled to withdraw from the contract in whole or in part. We shall inform the customer of this immediately. Claims for damages are excluded in this case. The customer shall be informed of existing delivery restrictions before the order process begins.

Objectively justified and minor changes that do not affect the price may be made by us. This applies in particular to such delays in delivery. We shall then announce how long a delay is to be expected as soon as the actual delay can be estimated, but no later than one week before the originally agreed delivery date. In any case, the customer must accept minor delays in delivery without being entitled to compensation or cancellation.

9. Collection by the customer

If the customer chooses the shipping method ‘self-collection’, the customer can collect the goods one working day after acceptance of the order by NOW WOW OG and receipt of payment at the business premises at Neubaugasse 65, 1070 Vienna during opening hours upon presentation of the order confirmation and an official photo ID. If the customer does not collect the ordered goods within seven days, the contract is deemed cancelled and will be reversed.

For the repayment of the purchase price, we will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this repayment.

10. Due date and retention of title

The purchase price is due at the latest before dispatch or collection by the customer. The delivered goods remain the property of NOW WOW OG until full payment has been received.

11. Payment methods and conditions

11.1.

We accept the following payment methods: Credit card with Visa, Mastercard, Debit, EPS online bank transfer, Klarna, Paypal, Apple Pay and prepayment.

11.2. Payment by credit card

The credit card will be charged when the order is finalised. This also happens immediately if we do not have the goods in stock and cannot dispatch them for a few days. Online payments are processed via the payment provider Shopify Payments in accordance with the latest and highest security standards. ‘Verified by VISA’ and “MasterCard Secure Code” make payment by credit card particularly secure thanks to corresponding authorisation procedures.

11.3. Payment by EPS direct transfer

The purchase price is debited from the customer's account when the order is finalised. This also happens immediately if we do not have the goods in stock and can only dispatch them in a few days. The goods will only be dispatched after receipt of payment.

11.4. Payment by KLARNA instant bank transfer

11.5. Payment by KLARNA invoice

If the customer chooses to pay by invoice, Klarna creates an invoice including a payment instruction, which is sent by e-mail. The payment term is 30 days from the invoice date and is due on the last day of this period. We assign the claim to Klarna Bank AB (‘Klarna’). Klarna sends the customer a payment order, which the customer pays directly to Klarna. In order for the payment to be made on time, it is sufficient for the payment order to be submitted to the bank on the due date.

11.6. Payment by PayPal

During the ordering process, the customer is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the customer must be registered there or register first, legitimise himself with his access data and confirm the payment instruction to us. After placing the order in the shop, PayPal is requested to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. The customer will receive further instructions during the ordering process.

11.7. Payment by Apple Pay

In order to be able to pay the invoice amount via Apple Pay, the customer must use the ‘Safari’ browser, be registered with the service provider Apple, have activated the Apple Pay function, legitimise themselves with their access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. The customer will receive further instructions during the ordering process.

11.8. Default regulation

Unless otherwise specified, the statutory default regulations shall apply. Reminder costs can be claimed from the second reminder.

12.

12.1. Warranty and compensation

Unless otherwise specified, the general statutory provisions shall apply.

12.2.

The warranty is excluded in the event of defects caused by the customer. This is particularly the case in the event of improper handling, incorrect operation or unauthorised repair attempts.

12.3.

In the case of the delivery of used goods, warranty claims shall expire after one year. The shortened limitation period does not apply to claims for damages by the customer due to personal injury or for other damages that are based on a grossly negligent breach of duty by NOW WOW or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of NOW WOW.

12.4. Material or manufacturing defects

Any defects or material or manufacturing faults (including transport damage) must be reported immediately upon receipt of the delivery or as soon as they become apparent.

12.5. Manufacturer's warranty

In the event of justified complaints, the seller is obliged to improve or replace the goods. If this is impossible or involves a disproportionately high expense for the seller, the customer is entitled to a price reduction or cancellation of the contract. In the case of minor defects, the customer has no right to cancellation. As an intermediary, the seller only guarantees that the goods correspond to the item descriptions shown.
The seller is entitled to demand the return of the rejected delivery in order to check the defects.

12.6. Disclaimer of liability

Claims for damages by the customer against NOW WOW OG are excluded unless NOW WOW OG or its vicarious agents have acted wilfully or with gross negligence.

13. Offsetting / retention

The customer shall only be entitled to offset if his counterclaims have been legally established or are undisputed by NOW WOW OG. Furthermore, he is only authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Justified complaints do not entitle the customer to withhold the entire invoice amount, but only a reasonable part of it.

14. Data protection

Provisions on data protection are contained in the privacy policy.

15. Amendment of the General Terms and Conditions / Reservation of the right to make amendments

The customer is expressly informed of possible future changes to the GTC that are to be applied to an order that has already been placed. By continuing to use the services of the website, the user also accepts the changes to the GTC, so that the GTC valid at the time of the respective (further) order shall apply to each (further) order.

16. Formal requirements

All agreements, subsequent amendments, supplements, collateral agreements, etc. must be made in writing to be legally effective, including the original signature or secure electronic signature.

17. Place of fulfilment

The place of fulfilment is both for our performance and the consideration:

NOW WOW OG
Neubaugasse 65
A-1070 Vienna

18. Applicable law

The contractual relationship shall be governed by Austrian law to the exclusion of the referral of the IPRG and the UN Convention on Contracts for the International Sale of Goods.

19. Severability clause

Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the valid provision that comes closest to the originally intended purpose shall be deemed to have been agreed.

20.

The European Commission provides a platform for online dispute resolution (ODR). The platform can be found at ec.europa.eu/consumers/odr/.
For consumers who are not resident in Austria at the time the contract is concluded, the statutory places of jurisdiction apply.

Status: June 2024