Terms of Service
§ 1 validity, definition of terms
(1) PLAYNICK GmbH, Lembachweg 59, 8063 Eggersdorf bei Graz, Austria, Austria (hereinafter: “we” or “Playnick”) operates an online shop for goods on the website https://playnick.at. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. “Entrepreneur” is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a legal partnership is a partnership that is equipped with the ability to acquire rights and enter into liabilities .
§ 2 Conclusion of contracts, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders via our online shop at https://playnick.at.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following rules apply: The customer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop. The order takes place in the following steps:
- Selection of the desired goods,
- Adding the products by clicking the appropriate button (e.g. “In the shopping cart”, “In the shopping bag”, etc.),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entering / checking the address and contact data, selecting the payment method, confirming the terms and conditions and cancellation policy,
- Complete the order by clicking the “Buy now” button. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us at the specified email address within three working days.
(4) If the contract is concluded, the contract is concluded with PLAYNICK GmbH, Lembachweg 59, 8063 Eggersdorf bei Graz, Austria, Austria.
(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, is carried out by e-mail after you have placed the order, partly automatically. We do not save the contract text after the contract is concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s »back button«). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Subject of the contract and essential characteristics of the products
(1) The subject of the contract is our online shop:
- Sales of goods. The specific goods offered can be found on our article pages.
(2) The essential characteristics of the goods can be found in the item description.
(3) For the sale of digital products, the restrictions apparent from the product description or otherwise resulting from the circumstances apply, in particular to hardware and / or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid prior to delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due for payment immediately.
(3) In addition to the prices quoted, shipping costs may apply for the delivery of products, provided that the respective article is not shown as free shipping. The shipping costs will be clearly stated on the offers, possibly in the shopping cart system and on the order overview.
(4) Unless clearly stated otherwise in the product description, all products offered are ready for dispatch immediately (delivery time: 1 – 2 weeks after receipt of payment).
(5) The following delivery area restrictions apply: Delivery takes place in the following countries: Åland, Afghanistan, Albania, Algeria, American Samoa, American Virgin Islands, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Argentina, Armenia, Aruba, Azerbaijan , Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belau, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Saint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Virgin Islands, British Indian Ocean Territory , Brunei, Bulgaria, Burkina Faso, Burundi, Cayman Islands, Chile, China, Cook Islands, Costa Rica, CuraÇao, Germany, Dominica, Dominican Republic, Djibouti, Denmark, Ecuador, El Salvador, Ivory Coast, Eritrea, Estonia, Falkland Islands, Fiji, Finland , France, French Guiana, French Polynesia, French Southern and Antarctic Territories, Faroe Islands, Gabon, Gambia, Georgia, Ghana, Gibraltar, Grenada, Greece, Greenland, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard and McDonald Islands, Honduras, Hong Kong, India, Indonesia, Iraq, Iran, Ireland, Iceland, Isle of Man, Israel, Italy, Jamaica, Japan, Yemen, Jersey, Jordan, Cambodia, Cameroon, Canada, Cape Verde, Kazakhstan, Qatar, Kenya, Kyrgyzstan , Kiribati, Cocos Islands, Colombia, Comoros, Congo-Brazzaville, Congo-Kinshasa, Croatia, Cuba, Kuwait, Laos, Lesotho, Latvia, Lebanon, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macao, China, Madagascar, Malawi, Malaysia , Maldives, Mali, Malta, Morocco, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Macedonia, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Caledonia, New Zealand, Nicaragua , Netherlands, Niger, Nigeria, Niue, Nor Korea, Norfolk Island, Norway, Northern Mariana Islands, Oman, East Timor, Pakistan, Palestinian Territory, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn Islands, Poland, Portugal, Puerto Rico, Rwanda, Romania, Russia, Réunion, São Tomé and Príncipe, Saint Barthélemy, Saint Martin (Dutch part), Saint-Pierre and Miquelon, Solomon Islands, Zambia, Samoa, San Marino, Saudi Arabia, Sweden, Switzerland, Senegal, Serbia, Seychelles, Sierra Leone, Zimbabwe, Singapore, Slovakia, Slovenia, Somalia, Spain, Sri Lanka, St. Helena, St. Kitts and Nevis, St. Lucia, St. Martin (French part), St. Vincent and the Grenadines, Sudan, Suriname, Svalbard and Jan Mayen, Swaziland, Syria , South Africa, South Georgia / Sandwich Islands, South Korea, South Sudan, Tajikistan, Taiwan, Tanzania, Thailand, Togo, Tokelau, Tonga, Trinidad and Tobago, Chad, Czech Republic, Tunisia, Turkmenistan, Turks and Caicos Islands, Tuvalu, Turkey, Uganda, Ukraine, Hungary, United States (US) Minor Outlying Islands, Uru guay, Uzbekistan, Vanuatu, Vatican City, Venezuela, United Arab Emirates, United States of America (USA), United Kingdom, Vietnam, Wallis and Futuna, Christmas Island, Belarus, Western Sahara, Central African Republic, Cyprus, Egypt, Equatorial Guinea, Ethiopia, Austria.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of withdrawal
As a consumer you have a right of withdrawal. This is based on our cancellation policy.
§ 7 liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tortious acts is limited to intent or gross negligence. (2) We have unlimited liability in the event of slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, the liability for property and pecuniary damage attributable to this is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes, in particular, our duty to act and to fulfill the contractually owed service, which is described in § 3.
§ 8 Contract language
As contract language german will be available exclusively.
§ 9 Warranty / customer service
(1) The guarantee is based on the statutory provisions.
(2) With regard to entrepreneurs, the warranty period for goods delivered is 12 months.
(3) As a consumer, you are asked to check the item / digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this will of course not affect your statutory warranty claims.
(4) Our customer service for questions, complaints and complaints is available Mon – Fri from 10:00 a.m. to 1:00 p.m. by email: email@example.com or phone: +43 3117 22376.
§ 10 Final provisions
(1) Austrian law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle). (2) The provisions of the UN Sales Convention expressly do not apply. (3) If the customer is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are ready to participate in an out-of-court arbitration process.