Kriemhildplatz 8/15
1150 Vienna, Austria
Scope of Application
These General Terms and Conditions (hereinafter referred to as “GTC”) apply in their current version at the time of the respective conclusion of a contract to all mutual claims arising from and in connection with a contractual agreement between customers and Cyberzone (hereinafter referred to as “Company”, “we”).
If the customer is a consumer within the meaning of Section 1 of the Consumer Protection Act (KSchG) or similar laws in their respective country of residence, the mandatory provisions of the KSchG or respective consumer protection laws take precedence in the event of any contradiction with these GTC.
The GTC also apply to follow-up orders in the version valid at the time of the subsequent contract conclusion without requiring a new agreement. Any amendments or additions to these GTC will only become part of the contract if explicitly confirmed in writing by the company.
Offers and Conclusion of Contract
Offers made by the company are non-binding. All offers are valid only while supplies last, or for the period specified in the offer, whichever is shorter. The price at the time of ordering applies.
If the company cannot accept a customer’s offer, the customer will be informed accordingly. The company may accept an offer within 14 calendar days of receipt. After this period, an offer is considered rejected if no acceptance has been provided.
Documents associated with offers, such as illustrations, drawings, brochures, measurements, weight details, or other product descriptions, are to be understood as approximate values and do not constitute guarantees of specific properties unless explicitly stated in writing as binding.
The company reserves the right to correct any typographical or calculation errors in product or price information even after contract conclusion. In such cases, the customer will be promptly informed. If the customer does not confirm the order under the revised terms, the company reserves the right to withdraw from the contract.
A) Online Commerce
The presentation of products on our website is not a binding offer but rather an indicative electronic price list with non-binding information about the products and their availability.
Customer orders—whether through our online shop, email, phone, fax, or letter—constitute the customer’s offer to enter into a purchase contract. A contract is concluded only when we accept the offer via a written order confirmation within 14 days, ship the goods, or in the case of in-store pickup, hand over the goods to the customer.
An order or reservation in our online shop is only possible if all required fields marked with * are completed. Missing information or other reasons preventing us from processing the order will result in a corresponding error message or immediate notification to the customer.
Before finalizing the order by clicking the “Order with payment obligation” button (or “Reserve” in the case of a reservation), the customer can review and correct the order details, including delivery and payment method. Additional information is provided during the order/reservation process.
Once the process is complete, the customer is informed of the successful submission of the order/reservation directly in the online shop. A summary of the order/reservation, including the GTC, cancellation policy, and warranty terms, is also sent to the email address provided by the customer.
This email confirmation serves to inform the customer that the order/reservation has been received in our system and provides all necessary pre-contractual information.
The customer is responsible for ensuring that the email account provided is operational and capable of handling communication related to the order. The customer must also safeguard their login credentials from unauthorized use and not share their password with third parties.
Right of Withdrawal for Distance Contracts
A “distance contract” is defined as a contract concluded between the company and the consumer without the simultaneous physical presence of both parties, within the framework of a distance sales or service system, where one or more means of distance communication are exclusively used up to the point of contract conclusion.
Consumers have the right of withdrawal for distance contracts.
A. Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without providing any reason. The withdrawal period is 14 days from the day you or a third party designated by you (other than the carrier) takes possession of the goods.
To exercise your right of withdrawal, you must inform us:
cyberzone – webhead GmbH
Kriemhildplatz 8/15
1150 Vienna, Austria
Email: support@cyberzone.at
via a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from the contract. You may use the attached sample withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), promptly and no later than fourteen days from the date we receive notification of your withdrawal from this contract. For the reimbursement, we will use the same payment method that you used in the original transaction, unless expressly agreed otherwise with you. In no case will fees be charged for this reimbursement.
We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the date you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiration of the fourteen-day period. You bear the direct costs of returning the goods. These costs depend on the shipping/destination location, size, value, and weight and are estimated at a maximum of approximately EUR 200. You are only liable for any diminished value of the goods if this loss of value is due to handling other than what is necessary to ascertain the nature, characteristics, and functioning of the goods.
Exceptions to the Right of Withdrawal
There is no right of withdrawal in the following cases:
a) For service contracts, where the service has been fully performed and the execution began with the consumer’s prior explicit consent and acknowledgment that they would lose their right of withdrawal upon full performance by the trader.
b) When goods are delivered that are custom-made according to customer specifications or clearly tailored to personal needs, such as canvases, pre-configured cables, special mounts, custom-manufactured goods, and similar special orders.
c) When sealed goods are delivered that are not suitable for return for reasons of health protection or hygiene, and the seal has been removed after delivery (e.g., headphones).
d) In contracts where the consumer has explicitly requested a visit by the trader for urgent repair or maintenance work.
e) For sealed audio or video recordings or computer software delivered in sealed packaging where the seal has been removed after delivery.
Recommendation
Please avoid loss, damage, and contamination of the goods, accessories, manuals, and packaging. Return the goods in their original packaging with all accessories and all packaging components. Please do not dispose of the original packaging. If you no longer have the original packaging, please ensure adequate packaging to avoid transport damage. The costs for missing parts, replacement of defective parts, or any necessary cleaning may be charged. If you need assistance with the return or an exact cost estimate, feel free to contact us. The above recommendation is not a prerequisite for effectively exercising the right of withdrawal.
B) Sample Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back to us.)
To:
cyberzone – webhead GmbH
Kriemhildplatz 8/15
1150 Vienna, Austria
support@cyberzone.at
Herewith I/we () withdraw from the contract concluded by me/us () regarding the purchase of the following goods ()/the provision of the following service ():
Transaction number/Delivery note number/Invoice number (if available):
Ordered on ()/Received on ():
Name of the consumer(s) as specified in the contract:
Address of the consumer(s) as specified in the contract:
Signature of the consumer(s) (only in case of notification on paper):
Date:
(*) Cross out what does not apply.
Prices
Unless otherwise agreed, all prices and charges are in euros, including the statutory VAT applicable on the day of delivery, plus packaging, transport, freight insurance, handling, and transaction costs. Errors, typos, and price changes by suppliers are reserved. For businesses, prices are stated excluding VAT unless otherwise indicated. The prices listed in the order confirmation are decisive. Additional deliveries and services will be charged separately. We are expressly entitled to issue partial invoices if the delivery or service is provided in parts.
Delivery and Risk Transfer
The company endeavors to meet agreed delivery dates. Reasonable delivery delays of up to 30 days are deemed approved by the customer. For delays due to force majeure or other circumstances not attributable to the company, the delivery period is extended by the duration of the hindering circumstances, but no more than two months. The customer will be informed of the delay immediately. In case of longer delays, both parties may terminate the contract.
If the company determines after contract conclusion that the goods are no longer available or cannot be delivered for legal reasons, it may offer an alternative of equal quality and price without obligation or terminate the contract. A refund of the purchase price will be made if already paid. Compensation claims in these cases are excluded.
Unless otherwise agreed, delivery generally takes place unfrei (freight collect) from the warehouse to the delivery address provided by the customer. All transport, insurance, customs, and other shipping costs are borne by the customer.
Retention of Title
The goods remain the property of the company until full payment (including interest and legal costs). The customer must inform third parties of the retention of title and notify the company immediately in the event of third-party access.
If the customer resells the goods, the proceeds or the claim for the purchase price are deemed assigned to the company. In cases of non-compliance, the company is entitled to reclaim the goods at the customer’s expense without prior notice, which does not constitute withdrawal from the contract.
The extended retention of title applies to all successors. The buyer is obligated to inform all third parties of this extended retention of title. The goods remain subject to the retention of title until full payment is received.
Payment Terms, Payment Delay
The purchase price can be paid by bank transfer, cash, or debit card. For customers who are not consumers, payment must be made in such a way that the amount due is credited to our account or paid in cash by the due date. Unless otherwise agreed, the customer commits to paying the full purchase price upon conclusion of the contract. Delivery or collection of the goods will take place after payment is received. To ensure a smooth process, we kindly ask you to bring the corresponding reservation or order confirmation with you. If you have prepaid the goods, please also bring an official photo ID. This is to prevent unauthorized individuals from picking up your goods.
In our retail store, you can pay the invoice in cash or via debit card – in special cases, credit card payment is also possible. Please be aware of the card/daily/weekly limits. If you have access to eBanking or mobileBanking, you are welcome to use one of our computer workstations for the online transfer. Please note that goods will only be handed over when the invoice is paid in full, at the latest at the time of delivery. If the invoice cannot be settled, the goods will not be handed over. Any down payments already made cannot be refunded. Payment of the invoice can be made using different payment methods. Payment is considered complete only when the company has access to the amount. Default interest of 12% per annum will be agreed. If the company incurs a higher default damage, it can claim this. The customer agrees to pay €10 plus VAT for each reminder. If there is a delay in the payment of a partial invoice, the entire purchase price along with interest and reminder costs becomes immediately due, and the company is not obligated to perform further services until the amount is settled. For consumers, the outstanding payment must be overdue for at least six weeks, and the company must have unsuccessfully reminded the consumer under the threat of losing the deadline and setting a grace period of at least two weeks. In this case, the company may also withdraw from individual or all deliveries. Unless otherwise agreed, our monetary claims must be paid on a counter-exchange basis upon delivery of the goods/performance. A discount is only recognized within the framework and based on the corresponding agreement. If the contracting party does not make a partial payment within the agreed payment period for a discount, they will lose the right to the discount not only for this payment but also for all previously made and later due partial payments. In case of payment delay in business transactions, the contracting party is obligated under §458 UGB to pay a flat fee of EUR 40 as compensation for our collection costs. In case of involving a collection agency, the contracting party also agrees to reimburse the costs incurred, provided that these do not exceed the maximum fees set by the collection agencies according to the BMWA regulation. Regardless of the allocation of the payment, the company may apply it to older invoices, interest, or costs. In case of warranty or guarantee claims, the consumer may withhold payments, but this should not be disproportionate to the effort to remedy the defect. In business transactions, the customer is not entitled to withhold payments due to warranty or guarantee claims. Offsetting against the company’s claims with counterclaims of any kind is excluded. For consumers, offsetting is possible in case of the company’s insolvency or with counterclaims that are legally related to the company’s claim and are judicially established or recognized by the company. The company’s claims may not be assigned without express written consent. If the customer’s financial situation worsens after the contract is concluded, making the fulfillment of obligations to the company risky, the company is entitled to immediately demand the purchase price and conduct any remaining deliveries only against advance payment. If the customer fails to pay the due purchase price within a week, the company is entitled to withdraw from the contract without setting a grace period.
Delay in Acceptance, Withdrawal from Contract
In case of delay in acceptance or the customer’s failure to meet cooperation obligations, the company may withdraw from the contract by setting a reasonable grace period. During the delay in acceptance, the company is entitled to store the goods at the customer’s risk and expense, with a monthly storage fee of 1% of the invoice amount, but no more than €30 plus VAT, being charged without further proof. The company may use a forwarding agent or warehouse keeper for this. In addition, the company is entitled to claim higher documented storage costs.
In case of non-fulfillment, improper fulfillment, or withdrawal from the contract by the customer or the company due to reasons not attributable to the company, the company may demand a flat-rate compensation of 25% of the invoice amount, not subject to judicial moderation. This does not apply to consumers. Further claims remain unaffected.
Warranty, Guarantee, On-Site Service
The customer’s claims against the company are governed by statutory provisions unless deviations arise from the following regulations. The warranty period is two years for consumers and six months for all other cases, starting from the delivery date. The presumption of defects under § 924 ABGB is excluded unless the customer is a consumer. Warranty for consumers is legally regulated and lasts for 24 months, with a reversal of the burden of proof after six months. The warranty starts from the delivery of the goods. If a defect occurs within the first six months after delivery, the dealer must prove that the product was defect-free at the time of delivery. After the first six months, the burden of proof shifts, and the customer must prove that the defect existed at the time of delivery. The customer must immediately inspect the goods upon receipt and report any defects or incomplete execution to the company within 24 hours in writing. In case of hidden defects, this period starts from when they become apparent. Otherwise, the goods are considered accepted. Claims for warranty or damages regarding the defect itself and the right to challenge the contract due to defects are excluded in such cases. For consumers, the warranty periods do not limit warranty rights. The company does not provide a warranty for defects resulting from improper use and storage, failure to follow operating and maintenance instructions, or repairs not previously authorized by the company. Warranty for wear parts is excluded. Minor deviations in color, dimensions, or quality/performance characteristics of the goods do not constitute warranty defects or non-fulfillment of the contract. In case of claiming defects, the customer must send or deliver the defective part or device, a detailed description of the fault, including model and serial number, a copy of the delivery note or invoice to the company. If both repair or replacement are possible, the company decides which warranty remedy to apply. Multiple repairs are allowed. Replacement or repair does not extend the warranty period. A guarantee is a voluntary liability, generally extending beyond the statutory warranty period, for defects occurring within a specific period. We emphasize that, in addition to any possible guarantee, consumers are entitled to the statutory warranty, and this cannot be restricted. Complaints based on statutory warranty claims can be made to the following address:
cyberzone – webhead GmbH
Kriemhildplatz 8/15
1150 Vienna, Austria
support@cyberzone.at
On-site service declarations are commitments from the manufacturers or suppliers. In this case, the defective goods should not be complained about or returned to us. These services are performed exclusively by the respective manufacturer at their own expense and risk. We emphasize that, in addition to any on-site service declaration, consumers are entitled to the statutory warranty, and this cannot be restricted.
Liability
No Liability for Own Content:
The company strives for the accuracy and timeliness of the information provided on this website. However, errors and uncertainties cannot be completely excluded. Therefore, Cyberzone assumes no liability for the currentness, correctness, completeness, or quality of the information provided. The company is also not liable for material or immaterial damages caused directly or indirectly by the use or non-use of the provided information or by the use of erroneous or incomplete information, unless it can be proven that the company is at fault with intent or gross negligence. The same applies to files made available for free download on these pages. Cyberzone reserves the right to change, supplement, delete, or temporarily or permanently cease publishing parts or the entire website without prior notice.
No Liability for Third-Party Content:
According to § 17 of the Euro-Commerce Act (ECG), Cyberzone is not responsible for information that is referred to via electronic links (external hyperlinks), unless the board is actually aware of the unlawfulness of the information and is aware of facts or circumstances that make the illegal activity or information apparent. Cyberzone does not have a general obligation to check the content to which it refers as per § 17 ECG.
No Replacement for Personal Consultation:
The information provided on this website does not constitute individual advice and cannot replace it. For individual consultations, please contact specialist retailers.
Other Liability:
The company is not liable for simple negligence, except in cases of personal injury or damage to items entrusted for processing, unless otherwise agreed. If the customer is not a consumer, they must prove the company’s gross negligence. There is no liability for consequential damages, pure financial losses, lost profits, or damages from third-party claims. The same applies to damages caused by suppliers or other third parties. The company is not liable for damages that the customer could have prevented through reasonable measures, such as using the goods in a proper and contract-compliant manner or following the instructions for use. The amount of any claims is limited to the net order value of the services provided by the company.
If the customer is not a consumer, claims for damages expire after 6 months from the knowledge of the damage and the liable party, but in any case, after 3 years from the delivery or performance of the service. Claims for recourse that the customer or third parties may have based on product liability are excluded, unless the recourse claimant can prove that the fault was caused by the company and was at least grossly negligent.
Confidentiality:
Each party will keep confidential information and documents of the other party secret beyond the end of the contractual relationship and will not record, utilize, or pass them on to third parties unless necessary to achieve the contractual purpose.
Data Protection:
The company processes your data exclusively based on the legal regulations (GDPR, DSG 2018, TKG 2003). We do not process data of minors and are not authorized to do so. By giving your consent, you confirm that you are at least 14 years old or have received consent from your legal representative. You can visit our website without providing personal information. Upon each visit, usage data is transmitted by your internet browser and stored in log files, such as the date and time of access, the name of the accessed page, the amount of data transferred, and the requesting provider. These data cannot be attributed to specific individuals and are used solely to ensure the smooth operation of our website and to improve our services. Personal data is collected when you voluntarily provide it for an offer or contract. The data collected can be seen in the respective input forms or will be requested during written communication or consultations.
We rely on legitimate interest arising from the customer relationship to process your data. Stored data includes the customer’s name, company name, address, delivery address, phone number, email address, VAT ID, and username and password in an electronic address book, as well as the content of the shopping cart, wish lists, offers, delivery notes, invoices, and the desired newsletter type. The data is used exclusively for offer and order processing, complaint handling, customer service, customer information, advertising, and accounting purposes.
The customer agrees to the collection and processing of their data for these purposes with the conclusion of the contract, submission of an offer (online order), or assignment of an offer creation, unless explicitly opposed. The customer also explicitly agrees to the sending of emails, delivery/collection notifications, and messages including SMS to the mobile number. Personal data will only be shared with third-party service providers (e.g., transporters, logistics providers, on-site service providers, or banks for financing) to the necessary extent for order fulfillment, and they are also bound to comply with applicable data protection regulations. If applicable, data processing agreements are concluded according to Art. 28 GDPR.
The customer has the right to request free information (Art. 15 GDPR) about the data stored about them, as well as the right to rectify (Art. 16 GDPR), delete/forget (Art. 17 GDPR), or restrict processing (Art. 18 GDPR) of such data. For more information or inquiries, please contact:
Cyberzone – webhead GmbH Kriemhildplatz 8/15 1150 Vienna, Austria support@cyberzone.at
Furthermore, you have the right to file a complaint with the Austrian Data Protection Authority (Wickenburggasse 8-10, 1080 Vienna, Email: dsb@dsb.gv.at). Your payment data is encrypted during the order process and directly entered with the respective payment service provider. The company does not process payment data for online transactions.
After the contract is fully processed or your customer account is deleted, your data will be blocked in accordance with tax and commercial law retention periods and deleted after the expiration of these periods, unless you have expressly consented to further use of your data or we have reserved the right to further data use as permitted by law.
Typically, we process personal data as long as necessary for the duration of the business relationship (from initiation, processing, to termination of the contract), and beyond that, according to the legal retention and documentation obligations arising from the Commercial Code (UGB), the Federal Tax Code (BAO), and until the conclusion of any legal disputes, ongoing warranty and guarantee periods, etc. We secure our website and other systems with technical and organizational measures against loss, destruction, access, modification, and dissemination of your data by unauthorized persons. You should treat your access information confidentially and close the browser window when you have finished your communication with us, especially if you share the computer with others.
Session cookies (also called session cookies) are deleted after you close your browser.
Cookies:
To make visiting our website attractive and enable the use of certain features, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the browser session ends, i.e., when you close your browser (session cookies). Other cookies remain on your device and allow us or our processors to recognize your browser on your next visit (persistent cookies).
You can set your browser to be informed about the placement of cookies and decide individually whether to accept them or exclude the acceptance of cookies for specific cases or generally. If cookies are not accepted, the functionality of our website may be limited. By using our website, you consent to the placement of cookies. You can refuse the acceptance of cookies in your browser settings. Please refer to your browser manufacturer’s instructions for details on how this works. If you choose to disable certain technical and/or functional cookies, the functionality of our website may be restricted. Some cookies remain on your device until you delete them.
Google Analytics:
This website uses Google Analytics, a web analytics service of Google Inc. (“Google”). Google Analytics uses “cookies,” text files that are stored on your computer and enable the analysis of website usage by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the case of IP anonymization being activated on this website, however, your IP address will be truncated by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the website operator, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide further services related to website and internet usage to the website operator. The IP address transmitted by your browser within the scope of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case, you may not be able to use all functions of this website to their full extent. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing the browser plugin available under the following link: Google Opt-Out
By clicking on the following link, you can prevent Google Analytics from collecting your data: Opt-Out of Google Analytics
An opt-out cookie will be set that prevents the future collection of your data when visiting this website. For more information on terms of use and privacy, see the Google Analytics Terms or the Google Analytics Overview. We would like to point out that on this website, Google Analytics has been extended with the code “gat._anonymizeIp();” to ensure anonymized collection of IP addresses (IP masking).
Newsletter:
The customer agrees to receive newsletters, information, and promotional material via email from the company upon contract conclusion, unless they explicitly object during contract formation. We base the processing of your data on the legitimate interest arising from the customer relationship. Of course, the customer can unsubscribe from the information services at any time using the unsubscribe link provided in the newsletter.
Place of Fulfillment, Jurisdiction, Applicable Law:
The place of fulfillment for this contract, our services, and counter-services is the company’s headquarters in Austria. Contracts are governed by Austrian substantive law, excluding the UN Sales Convention and international reference norms. The language of the contract is German. For all disputes arising from contractual relationships, the contracting parties agree on the exclusive jurisdiction of the competent court for the first district of Vienna. In the case of consumers, the mandatory provisions of § 14 KSchG (Austrian Consumer Protection Act) must be observed.
Copyright / Use of Website:
Content, layout, design of the website, graphics used, and other content on these web pages are protected by copyright. Reproduction of the pages or their content requires prior written consent from Cyberzone.
Final Provisions:
The invalidity of individual provisions does not affect the validity of the remaining provisions. The invalid provision will be replaced by a valid one that comes closest in terms of economic purpose to the invalid provision. The same applies if the contract contains a gap not foreseen by the parties. Where personal terms are used, they apply equally to both women and men.
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