General terms and conditions of business
Vienna City Marathon Marketing- und Vertriebs GmbH (hereinafter referred to as VCM)
Akaziengasse 36
1230 Vienna | Austria
e-mail: sales@vienna-marathon.com
Phone: + 43 1 606 95 10
UID: ATU40386809
Company register no. 130533 K
Commercial register court: Wiener Neustadt regional court
Company headquarters: Ebreichsdorf
1. scope and general provisions
1.1 The following terms and conditions apply to all offers made by Vienna City Marathon Marketing- und Vertriebs GmbH (hereinafter VCM) on the website www.vienna-marathon.com, in particular to the use of the VCM Online Shop. By submitting his or her contractual declaration (offer), the customer acknowledges these Terms and Conditions. Any deviating contractual terms and conditions of the customer are hereby expressly rejected.
1.2 Customers within the meaning of these GTC are both consumers and entrepreneurs.
1.2.1 Any natural person with whom a business relationship is entered into and who acts for a purpose that is neither commercial nor self-employed.
1.2.2 Any natural or legal person or partnership with legal capacity with whom a business relationship is entered into and who acts in the exercise of a commercial, independent or other professional activity is considered an entrepreneur.
2. registration on the website and use of the website
2.1 The customer can register voluntarily in the VCM online shop. Using a selected access code, the customer can then log on to the website and place orders and track the order history. Furthermore, the customer can also place an order as a guest.
2.2 The customer is solely responsible for the secrecy of the access code. VCM can only verify that an access code matches a properly activated customer authorization. VCM has no further obligation to check the access code.
2.3 Any person who logs in with a customer authorisation released on the website and the corresponding access code is deemed to be authorised to place orders with legal effect.
2.4 VCM reserves the right in all cases to refuse or terminate new registrations or existing customer registrations without giving reasons. VCM assumes no liability for the uninterrupted functioning of the website. VCM is entitled at any time to carry out work on the website which involves the deactivation of access to the website. In addition, VCM is not obliged to provide a certain capacity of the connection and server, so that overloading of the website can be expected.
3. conclusion of contract
3.1 All offers on the website www.vienna.marathon.com are exclusively subject to change. Orders of the customer are considered as an offer in the legal sense.
3.2 VCM will send the customer confirmation of receipt of the order immediately after receipt of the customer's declaration. This confirmation of receipt does not constitute acceptance of the order.
3.3 The customer's offer is accepted either by means of a separate written order confirmation (e.g. by e-mail) or by other means, or by delivery of the goods within 14 days of receipt of the order. VCM is entitled to accept orders, even partially, or to reject them without giving reasons.
3.4 Changes and amendments to the contract must be made in writing.
4. right of withdrawal and consequences
Consumers are entitled to a right of withdrawal in relation to purchased goods in accordance with the provisions of §§ 5a ff KSchG:
4.1 Consumers can return the received goods without giving reasons within 7 working days by sending back the goods. The timely dispatch of the revocation (e.g. by letter or e-mail) or the goods is sufficient to comply with the revocation period. The period begins with contracts for the delivery of goods at the earliest upon receipt of the goods and this instruction in text form, with contracts for the provision of services with the day of the conclusion of the contract. The return of the goods takes place at the risk of VCM from the time of handover to the postal or delivery service. The purchaser shall bear the costs of the return shipment.
4.2 The timely dispatch of the goods or the declaration of withdrawal from the contract is sufficient to comply with the time limit. The return shipment or the declaration of rescission must be sent to
Vienna City Marathon Marketing and Distribution GmbH
Acacia alley 36
1230 Vienna | Austria
e-mail: sales@vienna-marathon.com
Phone: + 43 1 606 95 10
4.3 The right to withdraw from the contract exists according to § 5f KSchG does not apply to contracts for the delivery of goods which are manufactured according to customer specifications or clearly tailored to personal needs or which, due to their nature, are not suitable for return or may spoil quickly or whose expiration date has passed, for the delivery of audio or video recordings or software, if the delivered data carriers have been unsealed by the consumer, for the delivery of newspapers, periodicals and magazines, for the delivery of goods or services whose price depends on the development of rates on the financial markets over which VCM has no influence, for services whose execution to the consumer is agreed to be within seven working days (pt. 4.1.) from the conclusion of the contract, betting and lottery services and home or leisure services pursuant to Section 5c of the German Consumer Protection Act (KSchG).
4.3.1 The booking of vouchers for the Vienna City Marathon is equivalent to a ticket order and is therefore not subject to the Distance Selling Act §5f. No. 7 BGBl I 185/1999, which stipulates that the Act does not apply to contracts for the provision of services in the field of leisure activities. This means that a seven-day right of withdrawal and return is excluded.
4.4 In the event of an effective withdrawal, the mutually received services are to be returned and, if applicable, any benefits derived (e.g. advantages of use) are to be surrendered. If the consumer is unable to return the received goods in whole or in part or only in a deteriorated condition, he/she must pay compensation for lost value. The deterioration caused by the intended use remains out of consideration. In addition, the obligation to pay compensation for lost value shall not apply in the event that the consumer cannot return the received goods in whole or in part or only in a deteriorated condition, if the deterioration of the goods is exclusively attributable to their inspection - as would have been possible in a shop, for example.
5. prices, delivery and shipping costs
5.1 The prices listed on the website are final prices and therefore include all price components. In the case of cross-border deliveries, further taxes (e.g. in the case of an intra-community purchase) and/or duties (e.g. customs duties) may be added in individual cases, which must be paid by the customer.
5.2 The prices quoted do not include freight, postage, insurance or other additional services. However, the costs incurred in connection with the individual offer are shown separately.
5.3 The delivery and shipping costs shown on the website are the shipping costs. If the customer purchases several articles within one order process, he can calculate the cumulative shipping costs before placing his order. The costs for packaging and shipping are incurred according to the number of packages according to the published delivery and shipping costs. VCM expressly reserves the right to make price changes, whereby the price calculation for an order already placed remains unaffected.
6. terms of payment
6.1 The customer undertakes to pay all amounts within (7) seven days of the conclusion of the contract (acceptance of the order by VCM) without deduction. Payment will be made using the payment method chosen by the customer when placing the order. After the unsuccessful expiry of this period, the customer will be in (payment) default without any further explanation on the part of VCM.
7 Delivery and Shipping Conditions
7.1 The delivery of the articles is always carried out by shipping, unless it is expressly agreed that the articles are to be collected by the customer.
7.2 Unless otherwise stated on the website, the goods will be delivered to the carrier within (14) fourteen days after VCM has received payment. The choice of carrier is made by VCM, but VCM cannot guarantee that the fastest or cheapest method of delivery will be chosen.
7.3 The customer warrants that he has provided the correct and complete delivery address. If additional costs are incurred due to incorrect address data, the customer must reimburse VCM for these costs.
7.4 The risk of accidental loss and accidental deterioration of the sold goods shall pass to entrepreneurs upon delivery to them or to a person authorized to receive the goods, in the case of sales shipment, upon delivery of the goods to a suitable transport person. In the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods shall not pass to the consumer until the goods are actually handed over to the consumer. With regard to the transfer of risk, it is the same as the transfer if the customer is in default of acceptance.
8. reservation of proprietary rights
VCM reserves the right to retain title to the goods sold until the purchase price has been paid in full, unless the goods are dispatched anyway only after payment has been received by VCM (see 7.2.).
9. notification of transport damage
9.1 The customer shall inspect the delivered goods. In the event of obvious defects, the customer undertakes, in the event that the delivery is nevertheless accepted, to make a note of the damage on the respective shipping documents upon acceptance of the delivery and to have the deliverer acknowledge the damage; the packaging must be retained.
9.2 If the (partial) loss or damage is not externally apparent, the customer must notify VCM within (5) five days of delivery or the carrier within (7) seven days of delivery, in order to ensure that any claims against the carrier can be made in good time.
9.3 The customer shall support VCM to the best of its ability in the event that claims are made against the relevant transport company or transport insurance company.
9.4 Any rights and claims of the customer, in particular his rights in the event of defects of the goods, remain unaffected by the above provisions under Section 9.1 in conjunction with Section 9.3.
10. warranty
Any queries and/or complaints of any kind should be addressed to VCM via the contact details given above. In all other respects, the following warranty provisions apply.
10.1 In accordance with the statutory provisions, in the event of defects in the delivered goods, the customer is initially only entitled to have the goods improved or replaced.
10.1.1 In this respect, consumers have the choice whether the improvement is to be effected by repair or by adding the missing parts or by replacement. VCM is, however, entitled to refuse the type of improvement chosen if it is only possible at disproportionate cost and the other type of improvement does not cause significant disadvantages for the consumer.
10.1.2 In the case of entrepreneurs, VCM warrants for defects in the goods, at its own discretion, either by repairing or adding the missing parts or by replacement.
10.2 The customer is not entitled to remedy a defect directly himself or have it remedied by a third party by means of so-called self-remedy without the consent of VCM; any expenses incurred in this respect will not be reimbursed to the customer.
10.3 If the remedy has failed, the customer may, at its option and in accordance with the statutory provisions, reduce the remuneration (reduction), rescind the contract (redhibitory action), or demand compensation for damages or reimbursement of futile expenses only if VCM is at fault. If the customer chooses to claim damages or reimbursement of futile expenses, the limitations of liability under Section 11 of these GTC apply.
10.4 In the case of new goods, the warranty period for the rights of a consumer in the event of defects is two years, and for the rights of a business one year from delivery of the goods. Any manufacturer's warranties listed on the website shall be binding only on the manufacturer. VCM does not assume any guarantee of its own. In the case of used goods, the limitation period for the customer's claims for defects is one year from delivery, unless the claims for defects are excluded (Section 10.5.). The limitation periods associated with these periods do not apply to the extent that VCM is liable pursuant to Section 11. of these GTCs or if a third party has a right in rem on the basis of which the return of the delivered goods can be demanded.
10.5 Claims and rights against entrepreneurs for defects in the sale of used goods are excluded. This shall also apply to defects which have arisen after conclusion of the contract and before transfer of risk. However, this exclusion of warranty does not apply to the extent that VCM is liable under Section 11 of these terms and conditions or if a third party has a right in rem on the basis of which the return of the delivered goods can be demanded.
10.6 There is no warranty for damage caused by improper use or treatment of the article. The same applies to wilful damage.
10.7 In accordance with the obligation to notify defects under § 377 UGB (Austrian Commercial Code), entrepreneurs must notify us in writing of obvious defects or defects that have been discovered during the warranty period within a period of two weeks of receipt of the goods using the contact details listed above; otherwise the assertion of their rights under Section 10 is excluded. The timely dispatch of the notification of defects shall be sufficient to comply with the deadline.
11. liability regulations
11.1 In accordance with the statutory provisions, VCM is liable for damages arising from injury to life, body or health caused by a wilful or grossly negligent breach of duty and for other damages caused by a wilful or grossly negligent breach of duty and fraudulent intent. In addition, VCM is liable for damages which are covered by liability under mandatory statutory provisions, such as the Product Liability Act, and in the event of the assumption of guarantees.
11.2 VCM is liable for damages caused by slight negligence, insofar as this negligence concerns the breach of such contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligations). In this respect, the liability of VCM is limited to the financial loss, but not to the loss of profit.
11.3 Any further liability is excluded, irrespective of the legal nature of the asserted claim.
12. data protection notice and declaration of consent
12.1 We refer to the applicable data protection regulations of Vienna City Marathon Marketing- & Vertriebs GmbH: Data Protection Regulations Vienna City Marathon Marketing & Vertriebs GmbH
12.1 Furthermore, VCM uses the data within the legal framework to process orders and for its own marketing purposes (see point 12.2.), but exclusively within the framework of customer communication. This consent to the use of personal data for VCM's own marketing purposes can be revoked by the customer at any time by sending an e-mail to datenschutz@vienna-marathon.com.
12.2 Personal data will not be passed on to external third parties (except Enterprise Sport Promotion GmbH for ticket processing).
13) For possible disputes arising from the contractual relationship, the jurisdiction of the Commercial Court of Vienna is agreed upon, provided that this does not conflict with the mandatory provisions of the Consumer Protection Act.
14. final provisions
14.1 The material law of the Republic of Austria shall apply, excluding the referral norms and the UN Convention on Contracts for the International Sale of Goods.
14.2 In the case of consumers who do not conclude the contract for business purposes, the choice of law made under clause 14.1 shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
14.3 Should individual points of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The two parties to the contract shall agree on a valid provision that comes closest to the meaning and purpose of the invalid provision.