Terms & Conditions
General Delivery Conditions
On this page you will find the General Delivery Conditions of A PASSION THING a product of Apt – A passion thing GmbH.
1. scope of application of the subscription and delivery conditions
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relations between the customer and Apt – A passion thing GmbH (hereinafter referred to as „Apt”) arising from the ordering of A PASSION THING magazine and various merchandise in connection with A PASSION THING. The version of the GTC valid at the time of conclusion of the contract shall apply in each case. Deviating, conflicting or supplementary GTCs, even if known, do not become part of the contract unless Apt has expressly agreed to their validity in writing.
Price changes as well as changes to the GTC shall be notified to the customer in good time in advance and shall apply with effect from the future date indicated – as agreed if the customer does not object to the notified changes in writing (e-mail) within 14 days.
2. Information Obligations
Pursuant to § 5a Abs 1 Konsumentenschutzgesetz (hereinafter referred to as “KSchG”) and § 4 Abs 1 Fern- und Auswärtsgeschäfte-Gesetz (hereinafter referred to as “FAGG”) A PASSION THING provides the customer with the following already existing information:
Key features of the merchandise: A PASSION THING magazine published two times a year.
Subscription bundle of two A PASSION THING magazines
Other A PASSION THING merchandise.
Contractual partner: Apt – A passion thing GmbH, Ramperstorffergasse 29/23-24
1050 Vienna, Austria, phone: +43 1 890 17 94, e-mail: magazine@apassionthing.com
Total price/costs: The prices quoted include all taxes and duties as well as (if not shown separately) delivery costs. Please notice that custom duties may apply in your country.
Terms of payment: Credit card
Delivery condition: Postal or home delivery.
Right of withdrawal: see cancellation policy point 4.
Right of warranty: according to § 922 ff ABGB (Austrian Civil Code); manufacturer warranties possible for entry-level offers.
3. conclusion of contract
Apt invites customers to purchase magazines and/or other various merchandise by providing online order services; this invitation is subject to change and non-binding.
By placing an order, the customer makes a binding offer to enter into a contract. Apt will confirm receipt of the order without delay. The confirmation of receipt does not constitute a binding acceptance of the order.
Apt is entitled to expressly accept the contractual offer (= order of the customer) by sending the order confirmation or by delivering the goods. Depending on which occurs first, the contract of the subscription bundle comes into legal effect with the sending of the order confirmation or with the delivery of the product.
Apt is entitled to refuse acceptance of the order or to limit the order to a customary quantity.
4. Right of Revocation or Withdrawal
The customer is, as far as he is a consumer in the sense of the KSchG, legally entitled according to § 3 KSchG and § 4 Abs 1 Z 8 FAGG to revoke his contractual declaration (order) made outside the business premises of A PASSION THING or (after acceptance by A PASSION THING) to withdraw from the contract under the conditions of the following declaration of revocation (see point 4).
Cancellation period: Cancellation must be exercised within 14 days of the first delivery of the magazine (for details see cancellation policy point 4.).
Cancellation policy: In accordance with § 3 KSchG and § 4 Abs 1 Z 8 FAGG A PASSION THING informs the customer about the following right of cancellation:
RIGHT OF REVOCATION
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day you receive the first magazine.
In order to exercise your right of revocation, you must inform: Apt – A passion thing GmbH, Ramperstorffergasse 29/23-24,1050 Vienna, Austria, phone: +43 1 890 17 94, e-mail: magazine@apassionthing.com by means of a clear declaration (e.g. by post or e-mail) of your decision to revoke this contract. 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 REVOCATION
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the 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; in no case will you be charged 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 any goods received in addition to the magazine (e.g. guides or books) to us immediately 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.
You shall bear the direct 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 the condition, properties and functioning of the goods.
5. Contract Content
Subscription bundle: The contract includes two A PASSION THING magazines per year. As a rule, delivery begins with the current issue if not wished otherwise by the customer after conclusion of the contract and payment for the products. Within 12 months a second one will be shipped automatically without further notification.
Single orders:
The contract contains the one-time order of a selected A PASSION THING product. Delivery usually begins after conclusion of the contract and payment for the product.
The customer is obliged to notify changes of address by e-mail without delay in order to enable Apt to fulfill its contractual obligations.
Within the scope of the logistical possibilities announced upon conclusion of the contract, Apt will deliver the magazines or the ordered goods by mail.
6. Terms of Payment
Unless otherwise agreed, the customer is obliged to pay the agreed amount in advance. It is also agreed that in the case of individual orders, payment must be made in advance.
In case of payment processing via credit card, Apt is authorized until revocation to debit the agreed payment amounts from the credit card when due. The account holder thereby simultaneously instructs the respective credit card company to recognize and approve Apt’s debit.
In the case of individual orders, no delivery of the product will be made if payment has not yet been made. Should the delay in payment exceed one month, Apt is entitled to withdraw from the contract.
The statutory interest on arrears shall apply. In the event of a delay in payment, Apt is entitled to charge a maximum of EUR 15.00 per own reminder and/or to hand over the matter to a collection agency/lawyer for further enforcement. The appropriate costs of this external debt collection are also to be reimbursed by the customer.
If Apt has granted installment or partial payment options, a loss of date is deemed to have been agreed and, in the event of default in payment, it is entitled to declare all outstanding amounts due from the customer.
7. Retention of Title
Apt reserves the right of ownership of the delivered goods until full payment has been made.
8. Duration of the contract
Subscription bundle: The subscription contract is concluded for two magazines published within 12 months and will not be extended automatically but terminated after the delivery of the second magazine. The subscription therefore ends after one year.
Individual order: This is a delivery order. This delivery order ends with payment by the customer and delivery by Apt.
9. Shipping & Transfer of risk
Delivery is made to the address provided by the customer.
Contractual breach of duty due to incorrect/incomplete address details by the customer:
A customer is given an effective opportunity during the ordering process to check and, if necessary, correct the data they have provided on the order summary page.
In the event that the consumer provides an incorrect or incomplete delivery address, the customer commits a breach of their contractual obligations. Accordingly, if customer do not provide a correct and complete delivery address when concluding the contract and the order can not be delivered successfully, Apt is not obliged to refund the costs and will only reship goods if the costs are borne by the customer.
Shipping is proceeded within 5 days after receipt of payment.
Default on delivery estimates entitles the customer to withdraw from the contract when the vendor still does not carry out the shipping in spite of a two-week grace period agreed in writing.
In the event of circumstances beyond the control of the parties, e.g. force majeure, operational malfunctions, interventions by the authorities, transport or customs delays, transport damage, work related conflicts etc., the delivery period will be extended in proportion to the hindrance incurred.
The delivery of the product is made at the risk of the vendor. The risk of accidental loss or accidental deterioration of the product transfers to the buyer at the moment the product is dispatched.
In the event of a defective delivery, any defects of the product should be reported as soon as they are discovered. they should be documented (photographs) and announced to the vendor during first 7 days after reception!
The shipping costs of uninsured shipping will be borne by the seller. In the case of defective goods, the buyer is entitled to a new product in the value of the purchase price. Monetary compensation will be paid without exception only if it was a wrong delivery by the seller and the goods cannot be replaced by an equivalent.
If the customer is a contractor as defined by the Consumer Protection Laws (KschG), he must verify that the delivered product is intact, complete and free of defects, and should defects exist, he must report them without delay.
10. Warranty, Liability
Apt provides a warranty for contracts against payment in accordance with the provisions of §§ 922 ff ABGB. There is no warranty obligation for services provided by Apt free of charge.
The liability of Apt and its organs, employees, contractors or other vicarious agents (hereinafter referred to as “persons”) is limited to intent or gross negligence; liability for slight negligence is excluded. This exclusion of liability does not apply to personal injury and damage to property that Apt has taken over for processing. Insofar as liability is excluded or limited, this also applies to the personal liability of its persons.
11. Data Protection
The data protection declaration, available here, shall apply mutatis mutandis to the scope of application pursuant to point 2.0.
12. Final Provisions
For all disputes arising in connection with the present contract, including preliminary and subsequent effects, the exclusive jurisdiction of the court having subject-matter jurisdiction for Vienna is agreed (not for consumers within the meaning of the KSchG). The place of performance is Vienna.
Austrian substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules.
Should individual provisions of this contract be or become invalid in whole or in part, or should there be a loophole in the contract, this shall not affect the validity of the remaining provisions.
Amendments and supplements to the contract must be made in writing. This also applies to any waiver of the written form requirement.