General Terms and Conditions (GTC) for the Casino Shop: shop.casinos.at
1. General Provisions
These General Terms and Conditions (GTC) shall apply for the sale of all products and services of Casinos Austria AG offered by way of internet services provided on the Casinos Austria AG websites (Shop) and the business relations resulting therefrom. These GTC shall take precedence over any GTC customers may employ. The language to be used for all contract matters, ordering, and business dealings shall be German.
2. Operator Details
Casinos Austria AG, Rennweg 44, A-1038 Vienna, Tel.: +43 1 534 40 50.
In the scope of these GTC, Casino/s alone refers to one or more casinos of Casinos Austria AG.
Fax: +43 1 534 40 22222, E-mail: firstname.lastname@example.org.
Legal form: public limited company
Company domicile: Vienna
Commercial Register No.: FN 99639 d of the Commercial Court Vienna as the competent Commercial Register court.
Trade organisation membership: Vienna Economic Chamber, sections (1) banks and bankers, (2) book and media industry, (3) retail in fashion and leisure, (4) travel agencies.
VAT No.: ATU 15662209.
Austrian Data Processing Register (DVR) No.: 0529575
Commercial regulations: Trade Act 1994 - GewO 1994, last amended by the Federal Law Gazette (BGBl) I No. 121/2009
Voluntary code of conduct: www.guetezeichen.at
3. Contractual Relationship
The presentation of the products in the Online Shop is not a legally binding offer, but an unbinding online catalogue. By clicking the button "Buy now" you place a binding order of the goods contained in the shopping cart.
The receipt and simultaneous acceptance of your order are confirmed by an automated e-mail immediately upon submission. This e-mail confirmation (order confirmation/bill) renders the purchase agreement effective.
Inquiries and orders will be processed as quickly as possible during the business hours of the Casinos Austria Service Center (CSC).
All of the prices stated include any statutory value-added tax (VAT), but are exclusive of the shipping costs (see Clause 5) and handling fees (see Clause 5) set out below. The billing unit is euro. All prices are current prices and apply until further notice.
5. Delivery, Shipping Costs and Fees
Products from the Casino Collection and voucher booklets
Delivery shall take place using customary shipping methods (by post). Shipping costs shall be a flat rate of EUR 3.90 per order.
Should the customer select a special shipment method (cash on delivery or express) for an order, any costs exceeding the flat-rate shipping cost shall also be paid by the customer.
In this regard it is expressly noted that the shipping costs stated on the bill for special shipping methods (such as cash on delivery) apply solely to transport within Austria and various charges may be added per country.
Orders are normally delivered within one week, but at the latest within the statutory period of 30 days.
The shipping/delivery of tournament tickets shall take place by forwarding a confirmation of registration by e-mail to the e-mail address provided by the customer.
Prepaid tournament tickets:
When purchasing prepaid tournament tickets (for tournaments held at the casino) a 10% down-payment on the price of the ticket, but maximum of € 200, shall be paid. A handling fee of 3.5% of the prepayment amount shall also be charged.
Full-price tournament tickets:
When purchasing full-price tournament tickets (for tournaments held at the casino) a handling fee of 3.5% of the ticket price shall be charged.
Payment shall be effected via credit card (Visa, MasterCard, Diners Club), Paysafecard,
Paybox, EPS (Austrian electronic payment standard) online transfer, or by cash on
7. Right of Withdrawal
The provisions of the Consumer Protection Act (Konsumentenschutzgesetz, KSchG) shall apply. The customer shall be entitled to withdraw from a contract concluded at a distance, or a contractual declaration made in such a way, within the appropriate period of time in written form by letter to Casinos Austria AG, Rennweg 44, A-1038 Vienna, by fax to +43 1 534 40 22222, or by email to email@example.com.
The withdrawal period shall total fourteen (14) days without giving any reason. For contracts pertaining to the delivery of goods, the withdrawal period shall commence on the day customer takes delivery of such goods; for contracts pertaining to the rendering of services the relevant date shall be the day the contract in question is concluded. Dispatch of such a declaration of withdrawal within the aforementioned period of time shall suffice.
In the event a customer withdraws from a contract within the 14 days after conclusion of the agreement, Casinos Austria AG shall refund any payments already rendered by the customer. In such cases, the customer shall pay only the costs of returning the goods. The customer shall not be entitled to withdraw from contracts pertaining to services if their performance has commenced as per mutual agreement within fourteen days, starting with the date the contract in question was concluded. Furthermore, the customer shall generally have no right of withdrawal after registering for the tournaments held in the casino. Therefore, the down-payment already rendered shall not be refunded.
Used and worn goods can also be returned (possibly in-cluding compensation for diminished value by the customer).
8. Retention of Title
The goods shall remain the property of Casinos Austria AG pending full payment of all related claims. The transfer of goods to third parties shall be accompanied by a separate notice indicating the retention of title by Casinos Austria AG, the validity of which shall therefore remain in effect.
The warranty is subject to the relevant statutory provisions; the warranty period totals a maximum of 24 months on receipt of goods. Should a replacement or remedy be out of the question (not possible, too costly, unreasonable, deadline expired), the customer shall be entitled to a discount or, if the defect is significant, the cancellation of the contract (annulment). Any liability shall be excluded for defects pertaining to the article itself or for consequential damage, other property damage, financial damage, and for claims from third parties against the customer, provided it is not a consumer transaction.
10. Jurisdiction, Place of Performance
For all legal transactions that are not consumer contracts in accordance with Regulation (EC) No 593/2008 (Rome I), contractual disputes shall be settled by the competent court of law having jurisdiction in the city of Vienna. Any and all transactions shall be governed by Austrian law, excluding regulations governing conflict of laws.
For customers who are consumers in accordance with ROME I and whose domicile, ordinary residence, or place of employment is located in the European Economic Area or in Switzerland ("EEA Customer"), actions on the part of the customer against Casinos Austria AG may be filed either in Austria or in the court at the location in which the customer has his domicile, ordinary residence, or place of employment. For all other customers, the exclusive place of jurisdiction is Austria.
Actions on the part of Casinos Austria AG against EEA customers may only be filed in the courts of the member state in whose territory the customer has his domicile. For all other customers Casinos Austria AG has the choice between the jurisdiction of Austria or the place in which the customer has his domicile, ordinary residence, or place of employment.
The place of performance is the domicile of Casinos Austria AG (Vienna).
11. Extra-Judicial Settlement of Disputes
We hereby acknowledge the Internet Ombudsman as competent arbitrator for
Information: Internet Ombudsman, A-1050 Vienna, Margaretenstraße 70/2/10, phone: +43/1/595 21 12-95, E-Mail: firstname.lastname@example.org, Web: www.ombudsmann.at.
12. Severability Clause
Should any of the provisions contained in this contract be or become invalid or void for any reason whatsoever, the remaining provisions shall retain their validity. The contracting parties shall then agree to substitute the provision with another which best reflects the original purpose of the invalid or voided provision.
13. Authentic Version
The original version of the General Terms and Conditions is in German. The translated English and Italian versions serve the purpose of better comprehensibility. In the event of dispute, the German text shall prevail.
GTC Version 2.2, effective as of 30.10.2014