By clicking the checkbox "I have read and accepted the General Terms and Conditions and the cancellation policy", the purchaser agrees to these General Terms and Conditions and is bound by them.
The deliveries, services and offers of Ticket to the Moon GmbH are provided exclusively on the basis of these General Terms and Conditions (in short: GTC); Ticket to the Moon GmbH does not recognize any terms and conditions of the customer that conflict with or deviate from these GTC, unless the customer has expressly agreed to their validity. Contractual performance acts by Ticket to the Moon GmbH are not deemed to be consent to contractual conditions that deviate from these GTC.
1.b. Essential characteristics of the goods
Ticket to the Moon GmbH offers e.g. hammocks for sale in the web store of the website (ticketothemoon.at).
2. order and conclusion of contract
The presentation of the goods in the web store does not constitute a binding offer by Ticket to the Moon GmbH to conclude a purchase contract. The customer is merely invited to make an offer by placing an order. The order is placed in the following steps:
1. selection of the desired goods
2. entering the login data for registration in the webshop (first name, last name, street and house no., zip code, city, country, e-mail address, telephone number), after initial registration only a login with user name and password is required
3. display of pre-contractual information for consumers according to § 5a KSchG and § 4 FAGG
4. choice of shipping method and method of payment (prepayment, invoice)
5. check of the information in the shopping cart
6. confirmation by clicking the button "order
7. check again and if necessary correct the respective data entered
8. binding sending of the order
9. by sending the order in the webshop, the customer makes a binding offer, directed to the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer acknowledges the pre-contractual information for consumers and these GTC as solely authoritative for the legal relationship with Ticket to the Moon GmbH.
Ticket to the Moon GmbH confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent acceptance of the contractual offer by Ticket to the Moon GmbH. It merely serves to inform the customer that the order has been received by Ticket to the Moon GmbH. The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.
3. right of withdrawal of the consumer according to § 11 FAGG
The customer, who is a consumer in the sense of the Consumer Protection Act (KSchG), may withdraw from a contract concluded outside the business premises of the entrepreneur or from a distance contract - if no legal exception applies - within fourteen (14) working days.
The withdrawal period shall be fourteen calendar days. In the case of contracts for the delivery of goods, it shall commence on the day on which the consumer (customer) or a third party named by him who is not the carrier has taken possession of the goods. In the case of a contract for several goods ordered in a single order and delivered separately, from the day on which the consumer (customer) or a third party designated by him, who is not the carrier, has taken possession of the last goods. It is sufficient if the consumer (customer) has sent the declaration of withdrawal within the period. 3.
3. the declaration of withdrawal can be made informally via e-mail to email@example.com.
4. the right of withdrawal does not apply to goods that have already been opened, as well as to goods that are manufactured according to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature, that can spoil quickly or whose expiration date has passed (§ 18 Abs 1 FAGG).
Returned goods will be checked for defects by Ticket to the Moon GmbH after receipt. If any signs of use are visible on the products that would impair a resale, the amount to be refunded for the goods will be reduced by a fee for cleaning or for a reduction in value.
Return packages can only be sent to the address: Ticket to the Moon GmbH Herklotzgasse 21 /1 1150 Vienna.
If the consumer (customer) withdraws from the contract, then step by step.
1. reimburse Ticket to the Moon GmbH for the payments made by the consumer (customer), including the delivery costs (with the exception of additional costs resulting from the fact that the consumer [customer] has chosen a type of delivery other than the cheapest standard delivery offered by Entrepreneur) and to reimburse the consumer (customer) for the necessary and useful expenditure made on the item, and the consumer (customer) shall return the received goods within 14 days.
2. the consumer (customer) has to bear the direct costs of the return.
4. prices, shipping costs
The prices are shown in the webshop. All prices quoted by Ticket to the Moon GmbH for business transactions are exclusive of sales tax, unless otherwise expressly stated. Prices for end customer transactions are to be understood as including value added tax, unless otherwise expressly noted. The prices are automatically displayed in the webshop with the appropriate tax rates.
The sales prices of Ticket to the Moon GmbH do not include shipping costs. Shipping is at the expense of the customer [end customer]. The actual shipping costs will be invoiced together with a reasonable surcharge for overhead costs.
5. import and customs regulations, export regulations
When ordering, the import and customs regulations of the respective country are to be observed by the customer in any case.
The customer shall bear the risk for all consequences arising from unauthorized shipment of goods abroad, non-observance of import and customs regulations of foreign countries (including transit regulations), from the incorrect or insufficient completion of the customs declaration of contents, the green customs slip or other accompanying documents, as well as from non-observance of the applicable export regulations. This also applies to damages incurred by the sender due to loss of the right to compensation if the shipment is seized by the customs authorities of a foreign country. It is the customer's responsibility to obtain information from the recipients of the consignments, the foreign representations of the countries of destination or transit, the foreign trade offices, the chambers of industry and commerce or other offices.
6. terms of payment, interest on arrears
We accept the following methods of payment: Prepayment / Bank transfer
In the case of payment by bank transfer, the customer must make payment within 14 days of receipt of the order confirmation. Delivery will be made only after receipt of payment.
EPS / instant bank transfer
Payment on account
Only possible for business transactions. Invoices are sent exclusively by e-mail. Invoices will be sent with the order confirmation for orders via the online store. All prices are in Euro (€). We reserve the right to adjust prices should production require it. In the case of business transactions, the first order will be shipped exclusively after receipt of payment in advance. Further orders will be delivered with invoice. The payment term for this is 30 days net. The payment terms are so generous, because the delivery times are already included. We reserve the right to supply customers with poor payment morale only against prepayment. Account fees for foreign transfers (not SEPA) are borne by the buyer. The full invoice amount must be credited to the account of Ticket to the Moon GmbH. In case of late payment we charge 5€ processing in case of repetition. If there is a reminder procedure, the customer bears the costs incurred. If the customer is in default of payment, Ticket to the Moon GmbH is entitled, at its discretion, to demand compensation for the actual damage incurred or interest on arrears at the statutory rate. For consumers this is 4% pa, for entrepreneurs 9.2% pa above the base interest rate.
Ticket to the Moon GmbH is entitled to demand compound interest from the day of handover of the goods in case of default of payment by the customer.
7. reminder and collection fees
In the event of default in payment, the customer undertakes to reimburse Ticket to the Moon GmbH for any reminder and collection expenses incurred, insofar as they are necessary for appropriate legal prosecution. In the case of business transactions, this includes a lump sum of EUR 40,- as compensation for collection costs in accordance with § 458 UGB. The assertion of further rights and claims shall remain unaffected.
8. default of acceptance
If the customer has not accepted the goods as agreed (default of acceptance), Ticket to the Moon GmbH is entitled, after unsuccessfully setting a grace period, to either store the goods on its premises, for which Ticket to the Moon GmbH may charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or to store the goods at the expense and risk of the customer with an authorized tradesman. At the same time, Ticket to the Moon GmbH is entitled to either insist on the fulfillment of the contract or to withdraw from the contract after setting a reasonable grace period of at least 2 weeks and to utilize the goods otherwise.
9. terms of delivery
Ticket to the Moon GmbH is only obligated to execute the service as soon as the customer has fulfilled all his obligations that are necessary for the execution.
Unless otherwise stated in the order confirmation, Ticket to the Moon GmbH will ship the goods within 6 working days after receipt of payment.
Ticket to the Moon GmbH is entitled to exceed the agreed deadlines and delivery periods by up to one week. Only after this period has expired is the customer entitled to withdraw from the contract after setting a reasonable grace period. 10.
10. minor changes in performance
If it is not a consumer transaction, minor or other changes to the performance or delivery obligation that are reasonable for the customer shall be deemed to have been approved in advance. This applies in particular to deviations caused by the goods (e.g. in dimensions, colors, packaging, odor, etc.).
11. compensation for damages
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or - in the case of consumer transactions - to damage to items accepted for processing. The existence of slight or gross negligence has to be proven by the injured party, unless it is a consumer transaction. The provisions on damages contained in these General Terms and Conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
12. retention of title
All goods are delivered by Ticket to the Moon GmbH under retention of title and remain its property until full payment has been made. The assertion of the retention of title only constitutes a withdrawal from the contract if this is expressly declared. In case of taking back goods, Ticket to the Moon GmbH is entitled to charge accrued transport and manipulation expenses. In the event of access by third parties to the goods subject to retention of title - in particular through seizure - the customer undertakes to draw attention to Ticket to the Moon GmbH's right of ownership and to notify the latter immediately. If the customer is a consumer or not an entrepreneur whose ordinary business operations include trading with the goods purchased from Ticket to the Moon GmbH, he may not dispose of the reserved goods, in particular sell, pledge, give away or lend them, until the outstanding purchase price claim has been settled in full. The customer shall bear the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
13. right of withdrawal by Ticket to the Moon GmbH unjustified withdrawal of the customer
In case of default of acceptance (item 7.) or other important reasons, such as default of payment by the customer, Ticket to the Moon GmbH is entitled to withdraw from the contract, provided that it has not yet been completely fulfilled by both parties. In the event of withdrawal, Ticket to the Moon GmbH has the option, if the customer is at fault, to demand a lump-sum compensation of 15% of the gross invoice amount or compensation for the actual damage incurred. In case of default of payment by the client, Ticket to the Moon GmbH is released from all further service and delivery obligations and is entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.
If the customer - without being entitled to do so - withdraws from the contract or requests its cancellation, Ticket to the Moon GmbH has the choice to insist on the fulfillment of the contract or to agree to the cancellation of the contract; in the latter case, the customer is obligated to pay, at the option of Ticket to the Moon GmbH, liquidated damages in the amount of 15% of the gross invoice amount or the actual damage incurred.
14. data protection, change of address and copyright
The customer gives his consent that the personal data contained in the purchase contract will be stored and processed by Ticket to the Moon GmbH with the help of automated systems in fulfillment of this contract. Data will not be passed on to third parties.
The customer is obligated to notify Ticket to the Moon GmbH of any changes to his residential or business address as long as the legal transaction subject to the contract has not been completely fulfilled by both parties. If the notification is omitted, declarations are deemed to have been received even if they are sent to the last address notified.
Plans, sketches or other technical documents as well as samples, catalogs, brochures, illustrations and the like always remain the intellectual property of Ticket to the Moon GmbH; the customer does not receive any rights of use or exploitation whatsoever.
15 Right of retention
If the transaction is not a consumer transaction, the customer is not entitled to withhold the entire gross invoice amount, but only an appropriate part thereof, in the event of a justified complaint - except in cases of reversal.
16 Place of performance, contractual language, choice of law, place of jurisdiction
The place of performance is the registered office of Ticket to the Moon GmbH .
The contractual language is German.
The contractual partners agree on Austrian domestic jurisdiction. If this is not a consumer transaction, the court with subject matter jurisdiction at the registered office of Ticket to the Moon GmbH shall have exclusive local jurisdiction to decide all disputes arising from this contract.
This contract shall be governed by Austrian substantive law to the exclusion of the conflict-of-law rules of private international law (e.g. Rome I Convention, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. In relation to a consumer, this choice of law shall only apply to the extent that it does not restrict any mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident.
17 Partial Invalidity
Should any provisions of this contract be legally ineffective, invalid and/or void or become so in the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contracting parties undertake to replace the legally ineffective, invalid and/or void (legally ineffective, invalid and/or void) provision with one that is legally effective and valid and corresponds in its economic effect to the replaced provision - as far as possible and legally permissible.
18. information about cookies
19. information about analytics
This website uses local analytics tools. As a result, no user data is transmitted to external services. Data is stored for analysis for 6 months.
20. final provisions
All declarations of a legally binding nature based on this contract must be made in writing to the address of the other contracting party last notified in writing. If a declaration is sent to the address last notified in writing, it shall be deemed to have been received by the respective contractual partner. Invoices shall be sent by e-mail.
The designation of the headings chosen for the individual chapters is solely for the sake of clarity and is therefore not to be used for the interpretation of this contract.
The assignment of individual rights and obligations arising from these GTC shall only be permitted with the express written consent of the other contracting party.
21 Consent pursuant to § 107 TKG
The customer agrees to receive messages from Ticket to the Moon GmbH in accordance with § 107 of the Telecommunications Act (TKG) for advertising purposes. This consent can be revoked by the customer at any time at firstname.lastname@example.org.