General Terms and Conditions (GTC)
§ 1 Scope of these General Terms and Conditions
These General Terms and Conditions ("GTC") apply to all contracts for the supply of goods concluded between
Denisa-Iuliana Calomfirescu, trading as WandDo e.U. Company Register No. FN 682021y, Wiener Neustadt Regional Court Anzengrubergasse 17, 2601 Sollenau, Austria Email: hi@wanddo.space Website: www.wanddo.space
(hereinafter: the “Seller”) and the respective customer (the “Customer”) via the Seller’s online shop. These GTC are binding for all present and future business dealings with the Customer, even if not expressly referred to again.
Any terms deviating from or supplementing these GTC shall only become part of the contract if expressly confirmed in writing by the Seller.
§ 2 Subject Matter of the Contract
The subject matter of the contract is the sale of craft and model-building kits intended for independent assembly by the Customer.
All product images and depictions in the online shop are for illustrative purposes only and do not constitute guaranteed product characteristics.
§ 3 Offer and Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation for the Customer to make an offer. The Customer may select products by clicking the "Add to Cart" button and initiate the ordering process via the "Checkout" function.
By submitting the order, the Customer makes a binding offer to conclude a contract. The contract is only formed upon express acceptance by the Seller (e.g., by sending an order confirmation by email) or upon dispatch of the goods by the Seller.
§ 4 Prices and Shipping Costs
All prices are quoted in euros (EUR). The Seller qualifies as a small business (Kleinunternehmerin) under Section 6(1)(27) of the Austrian VAT Act (Umsatzsteuergesetz, UStG); the prices shown therefore do not include value added tax (VAT). Any customs duties or other charges shall be borne by the Customer.
Shipping costs are not included in the product price and are shown separately during the ordering process.
Payment may be made by credit card, PayPal, or other payment methods available in the shop. The purchase price becomes due immediately upon conclusion of the contract.
§ 5 Delivery
Delivery is made by post or parcel service to the delivery address specified by the Customer. We deliver within Austria and to all EU Member States.
Delivery times are non-binding unless expressly agreed otherwise, and represent the estimated time of handover to the Customer
The Seller is entitled to make partial deliveries, provided this is reasonable for the Customer
The Customer may withdraw from the contract due to delay in delivery only after granting a grace period of at least three weeks, and such withdrawal must be declared in writing. The right of withdrawal for delay in delivery relates only to the part of the delivery affected by the delay.
§ 6 Assembly and Use
The Customer is solely responsible for the proper assembly of the delivered kit. The Seller does not owe any particular assembly outcome or result.
Any assembly instructions, construction guidance, or design suggestions included with the kit or provided on the website are non-binding suggestions for implementation. They do not constitute an assurance of any particular assembly result, nor a guarantee that the finished, assembled model will match the product images. The actual outcome depends on the Customer’s individual skill, care, materials used, and manner of assembly
The statutory right of withdrawal under Section 11 FAGG formally remains available even after the kit has been assembled. However, since an assembled kit can no longer be marketed or resold by the Seller, complete assembly constitutes a loss in value of up to 100%. Pursuant to Section 15(4) FAGG, the Customer is obliged to compensate for this loss in value, meaning that a refund may be entirely excluded in the case of goods that have already been assembled
Unless expressly stated otherwise, the products are not suitable for young children. Customers must ensure that small parts do not come into the hands of children.
§ 7 Right of Withdrawal (Distance Selling)
As a consumer, the Customer has a right of withdrawal pursuant to Section 11 of the Austrian Distance and Off-Premises Contracts Act (Fern- und Auswärtsgeschäfte-Gesetz, FAGG). The Customer may withdraw from the contract within 14 days without giving any reason. The period begins on the day on which the Customer, or a third party named by the Customer, takes possession of the goods.
To exercise the right of withdrawal, the Customer must inform the Seller (hi@wanddo.space) of the decision to withdraw from the contract by means of a clear statement (e.g., by email). The following model withdrawal form may be used for this purpose, although its use is not mandatory:
To: Denisa-Iuliana Calomfirescu, WandDo e.U., Anzengrubergasse 17, 2601 Sollenau, Austria | hi@wanddo.space
I/We hereby give notice that I/we withdraw from my/our contract for the purchase of the following goods :
Ordered on / received on : ____________________________
Name of consumer(s): ____________________________
Address of consumer(s): ____________________________
Date: ____________________________
If the withdrawal is effective, the Seller shall reimburse all payments received from the Customer, including delivery costs (except for the additional costs arising from the Customer having chosen a type of delivery other than the least expensive standard delivery offered), without undue delay and at the latest within 14 days from the day on which the Seller was informed of the withdrawal. However, the Seller may withhold reimbursement until the goods have been received back, or until the Customer has supplied evidence of having sent back the goods, whichever occurs first. The Customer shall bear the direct costs of returning the goods.
§ 8 Retention of Title
The goods remain the property of the Seller until the purchase price has been paid in full.
§ 9 Warranty
The statutory warranty under Austrian law applies. The warranty period is two years from delivery of the goods. Complaints must be notified to the Seller in writing without undue delay after receipt.
In the case of justified warranty claims, the Seller may choose between repair or replacement. If repair or replacement fails, the Customer may demand a reduction of the purchase price (price reduction) or rescission of the contract (Wandlung).
§ 10 Liability for Damages
The Seller is liable without limitation only for intent and gross negligence, as well as for damages resulting from injury to life, limb, or health.
In cases of slight negligence, the Seller is liable only for breach of a material contractual obligation the breach of which jeopardises the achievement of the purpose of the contract, or for breach of obligations the fulfilment of which is essential to the proper performance of the contract and on whose observance the Customer may regularly rely. In such cases, liability is limited to the foreseeable damage typical for this type of contract.
The Seller is not liable for damage resulting from improper use, improper assembly, improper storage, or improper handling of the goods.
The Seller accepts no liability for the accuracy, completeness, or timeliness of the information provided in the online shop, unless such inaccuracy is based on an intentional or grossly negligent breach of duty.
§ 11 Data Protection
The Seller collects, processes, and uses the Customer’s personal data in compliance with applicable data protection law, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (Datenschutzgesetz, DSG). Further information can be found in the Privacy Policy on our website: www.wanddo.space
§ 12 Online Dispute Resolution (ODR Platform)
The European Commission provides a platform for online dispute resolution (ODR), accessible at the following link: https://ec.europa.eu/consumers/odr
We are not obliged and, in principle, not willing to participate in dispute resolution proceedings before a consumer arbitration board, unless otherwise required by law.
§ 13 Jurisdiction and Choice of Law
The exclusive jurisdiction of the competent courts at the Seller’s registered seat is agreed for the resolution of all disputes arising from a contract, including disputes as to its existence or non-existence.
The contract is governed exclusively by the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers resident in another EU Member State, mandatory consumer protection provisions of their state of residence remain unaffected.
§ 14 Final Provisions
Severability clause: Should any provision of these GTC be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall replace the invalid provision with a valid one that comes as close as possible to the content and purpose of the invalid provision.
Written form requirement: Amendments or additions to a contract must be made in writing. This also applies to any amendment of this written form requirement.
Set-off: Set-off against claims of the Seller with counterclaims of any kind is excluded, unless the counterclaim has been legally established or acknowledged by the Seller.