STANDARD TERMS AND CONDITIONS FOR PURCHASING MERCHANDISING ARTICLES

1. Scope of validity and consent 

1.1 These Standard Terms and Conditions of WIENER LINIEN GmbH & Co KG (hereinafter: WL) apply to the purchasing of goods (Merchandising Articles) via the Fanshop digital channel (https://shop.wienerlinien.at/).

1.2 With regard to the log-in portal logwien, the terms and conditions of use shall apply to this service.

2.1 The presentation of goods in the Fanshop shall constitute a request to provide an offer and not a binding offer on the part of WL to enter into a contract of sale.

2.2 By clicking on the button “submit order” in the course of a purchasing transaction, the user submits a binding offer to be confirmed through the transmission of an order confirmation via email. A contract of sale between the purchaser and WL shall come into effect as a result.

2.3 The minimum age for the conclusion of a contract of sale in the Fanshop is 14 years of age.

3.1 The contractual language is German. This document is an unofficial translation of a German-language original and is provided for information purposes only. In the event of any discrepancies or disputes, the German-language version hereof shall be legally binding and authoritative.

4.1 Merchandising articles are generally shipped to the delivery address provided within seven and no later than 30 working days of the confirmation email being sent. Shipping may be undertaken by contractual partners of WL.

4.2 The risks of loss or damage to the goods shall transfer to the purchaser from the point in time that the goods are handed over to the purchaser or a third party appointed by the purchaser.

4.3 Shipping will be to the delivery address specified in the order (generally by österreichische Post AG, in exceptional cases via another logistics provider). Orders may be shipped as several separate consignments. A standard delivery charge is levied for orders the amount of which, and the amounts of all other shipping charges, can be seen in the shopping basket during the ordering process.

4.4 All articles shipped shall remain the property of WL until paid for in full. Until such time as all receivables due to WL (including any interest on arrears) have been settled in full, the purchaser shall not be entitled to sell to third parties, lend, lien or otherwise dispose of the goods. In the event of the purchaser undertaking any such actions, the purchaser shall assign all receivables associated with the underlying legal relationship to WL until such time as all receivables have been settled in full.

4.5 Invoices are sent via email. In addition, invoices can also be viewed in the customer portal at any time. The purchaser can also request (e.g. via email: kundendialog@wienerlinien.at) that an invoice is sent by post to their postal address.

5.1 The billing and payment of goods ordered shall be in euros and settled in advance during the course of the ordering process by means of a credit or debit card, PayPal or bank transfer (eps online banking).

6.1 The place of performance for all transactions is the head offices of WL, currently located at Erdbergstraße 202, 1030 Vienna.

7.1 Purchasers shall, pursuant to Section 11 (1) of the Austrian Distance and Off-Premises Transactions Act (FAGG), have a right to revoke or withdraw from contracts pertaining to the purchase of merchandising articles.

7.2 The deadline for this right in the case of purchasing merchandising articles shall be 14 days and commences on the day on which the purchaser or a designated third party (with the exception of those third parties acting as carriers) come into receipt of the goods.

7.3 In order to exercise your right to withdraw, the purchaser needs to inform us (WIENER LINIEN GmbH & Co KG, Abteilung Unternehmenskommunikation, Erdbergstraße 202, A-1030 Vienna, kundendialog@wienerlinien.at, Tel.: +43 (0) 1 7909 100, Fax: +43 (0)1 7909 73009) by means of a clear statement (e.g. a letter sent by post, a fax or an email) about their decision to withdraw from the relevant contract. Please quote the order number when doing so. The purchaser may, but is not obliged to, use the following sample withdrawal form (refer to Section 7.9). In addition, the purchaser can also announce your intention to exercise their right of withdrawal by using the button “Withdraw contract” on our website. This red button can be found in the bottom right-hand corner of our website.

7.4 In order to meet the withdrawal deadline, it is sufficient for the purchaser to provide evidence of having sent the notification about exercising their right of withdrawal prior to the deadline expiring.

7.5 If the purchaser withdraws from this contract, WL shall be required to refund all payments which it has received from the same, including the shipping costs (only if all goods forming a single order are cancelled) without delay and no later than 14 days from the day on which WL received the notification about the withdrawal from the contract. This reimbursement shall be based on the same method of payment which was used for the original transaction unless explicitly agreed otherwise; Under no circumstances will the purchaser be subject to charges for this reimbursement.

7.6 If the purchaser wishes to cancel your order, they shall be required to return (ship or hand over) the relevant merchandising article(s) to us without delay and in no case later than 14 days after the day upon which WL was informed about their intention to withdraw from the contract. This deadline shall be regarded as having been complied with if evidence is provided that the relevant article was dispatched within 14 days. The purchaser shall bear the directly related shipping costs.

7.7 In the event of a withdrawal from a contract, WL shall have the right to delay reimbursement until such time as WL has received the relevant goods or evidence is provided that the article has been returned, which ever point in time is earlier.

7.8 The purchaser shall only be obliged to reimburse any decline in the value of the merchandising article if this is attributable to the use or handling of the article in a manner other than that associated with an assessment of the properties, characteristics and features of the article.

If the purchaser wishes to withdraw from the contract, they can complete and send the following form to us: Withdrawal Form PDF: Wiener Linien GmbH & Co KG, Abteilung Unternehmenskommunikation, Erdbergstraße 202, A-1030 Vienna, kundendialog@wienerlinien.at. 

7.9 Any right of withdrawal is entirely excluded in the case of business customers (B2B).

8.1 The purchaser shall be liable for any losses incurred as a result of abuse or providing false details when placing orders via our digital sales channel. As a result, the purchaser may be permanently excluded from using our services in future.

8.2 WL cannot guarantee uninterrupted access to the digital sales channel due to the fact that the necessary technical preconditions for internet services and telecommunications are beyond our sphere of influence. WL shall accept no liability for the temporary non-availability of the digital sales channel. The same shall apply with the regard to necessary maintenance intervals.

8.3 WL shall accept no liability in connection with the completeness, accuracy, up-to-date status or any contradictions relating to information provided by third parties (e.g. links to third-party websites).

8.4 In all other cases, liability shall not be borne by WL in as far as this does not relate to wilful or grossly negligent damage or personal injury. In as far as this does not relate to a consumer transaction (B2C), the aggrieved party shall bear the burden of proof in cases of minor or gross negligence. These Standard Terms and Conditions shall also apply in the event of claims for compensation as opposed to or in addition to warranty claims.

8.5 Unless otherwise prescribed by law, any liability to provide compensation in cases of consequential damages or losses, and any other damage to or loss of property, financial losses and losses incurred by third parties, is hereby excluded.

9.1 With regard to the agencies for alternative dispute resolution defined under Section 4 of the Austrian Alternative Dispute Resolution Act (AStG), the internet ombudsman office of WL shall be considered.

9.2 WL also recognises the Internet Ombudsstelle as an out-of-court arbitration board: Internet Ombudsstelle, email: kontakt@ombudsstelle.at. For more information, particularly with regard to contacting this arbitration board (registration is a precondition for out-of-court dispute resolution), please refer to: www.ombudsstelle.at.

10.1 Austrian law shall apply with the exclusion of conflicts of law provisions and the UN Law on the International Sale of Goods.

10.2 The place of jurisdiction in the case of all non-consumers shall be the competent court of law in the city of Vienna. With regard to consumers, as defined by the Austrian Consumer Protection Act (KSchG), as published in the Federal Law Gazette (BGBl. 140/1979), the stipulations of Section 14 thereof shall apply. Should the consumer be resident in Austria, or have their usual place of residence or employment in Austria, a lawsuit may only be filed in the court of law in the judicial district in which the consumer is resident, has their usual place of residence or employment. This shall not apply in the case of legal disputes which have already arisen.

10.3 In the event that any provisions of these Standard Terms and Conditions should be or become invalid, this shall have no bearing on the validity of the remaining provisions hereof.