Terms and Conditions
1.a. Applicability By clicking the checkbox "I have read and accept the Terms and Conditions and the Cancellation Policy," the buyer agrees to these Terms and Conditions and is bound by them. Deliveries, services, and offers from Ticket to the Moon GmbH are made exclusively based on these Terms and Conditions (short: T&Cs); contrary or deviating terms from these T&Cs set by the customer are not recognized by Ticket to the Moon GmbH, unless expressly agreed upon. Acts of fulfilling the contract by Ticket to the Moon GmbH do not imply consent to any conditions deviating from these T&Cs.
1.b. Essential Characteristics of the Goods Ticket to the Moon GmbH offers products such as hammocks for purchase on the website's webshop (eu.ticketothemoon.com).
2. Order and Conclusion of Contract
The presentation of goods in the webshop does not constitute a binding offer by Ticket to the Moon GmbH to conclude a purchase contract. It is an invitation for the customer to submit an offer through an order. The order is made in the following steps:
1. Selection of the desired goods
2. Entering registration data for the webshop (first name, last name, street and house number, postal code, city, country, email address, phone number). After initial registration, only login with username and password is required.
3. Display of pre-contractual information for consumers in accordance with § 5a KSchG and § 4 FAGG
4. Selection of shipping method and payment type (prepayment, invoice)
5. Checking the information in the shopping cart
6. Confirmation by clicking the "order" button
7. Final review and, if necessary, correction of the entered data
8. Binding submission of the order
9. By submitting the order in the webshop, the customer makes a binding offer to conclude a purchase contract for the goods in the shopping cart. By submitting the order, the customer acknowledges the pre-contractual information for consumers and these T&Cs as solely applicable to the legal relationship with Ticket to the Moon GmbH.
10. Ticket to the Moon GmbH confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet constitute acceptance of the contract offer by Ticket to the Moon GmbH. It merely informs the customer that the order has been received. Acceptance of the contract offer is declared by the delivery of the goods or an explicit declaration of acceptance.
3. Consumer's Right of Withdrawal according to § 11 FAGG
1. The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), can withdraw from a contract concluded outside the business premises of the entrepreneur or from a distance contract within fourteen (14) working days, provided no statutory exception applies.
2. The withdrawal period is fourteen calendar days. For contracts involving the delivery of goods, it starts on the day the consumer (customer) or a third party named by the consumer, who is not the carrier, takes possession of the goods. For contracts involving multiple goods ordered in a single order but delivered separately, the period starts on the day the consumer (customer) or a third party named by the consumer, who is not the carrier, takes possession of the last good. It is sufficient if the consumer (customer) sends the withdrawal declaration within the period.
3. The withdrawal declaration can be made informally via email to office.europe@ticketothemoon.com.
4. The right of withdrawal does not apply to already opened goods, nor to goods manufactured according to customer specifications, that are clearly tailored to personal needs, not suitable for return due to their nature, can spoil quickly, or whose expiration date has been exceeded (§ 18 para 1 FAGG).
5. Returned goods are inspected by Ticket to the Moon GmbH for defects upon receipt. If signs of use are detected that impair resale, the amount to be refunded will be reduced by a cleaning fee or a depreciation fee. Return packages can only be sent to the address: Ticket to the Moon GmbH Herklotzgasse 21 /1 1150 Vienna.
6. If the consumer (customer) withdraws from the contract,
1. Ticket to the Moon GmbH must refund the payments made by the consumer (customer), including delivery costs (except for additional costs resulting from the consumer (customer) choosing a delivery method other than the cheapest standard delivery offered by the entrepreneur), and the consumer (customer) must return the received goods within 14 days.
2. The consumer must bear the direct costs of the return.
3. Prices and Shipping Costs: The prices are displayed in the webshop. All prices mentioned by Ticket to the Moon GmbH for business transactions are exclusive of VAT, unless otherwise explicitly stated. Prices for end customer transactions are inclusive of VAT unless otherwise explicitly stated. The prices are automatically displayed with the appropriate tax rates in the webshop. The selling prices of Ticket to the Moon GmbH do not include shipping costs. Shipping is at the expense of the customer. The actual costs incurred, plus a reasonable handling fee, will be charged for shipping.
4. Import and Customs Regulations, Export Regulations: When ordering, the customer must observe the import and customs regulations of the respective country. The customer bears the risk for all consequences arising from the unauthorized shipment of goods abroad, non-compliance with import and customs regulations of foreign countries (including transit regulations), incorrect or inadequate completion of the customs declaration, green customs label, or other accompanying documents, as well as non-compliance with applicable export regulations. This also applies to damages suffered by the sender due to the loss of the right to compensation if the shipment is confiscated by the customs authorities of a foreign country. It is the customer's responsibility to inform themselves with the recipients of the shipments, foreign representations of the destination or transit countries, foreign trade offices, chambers of commerce, or other authorities.
5. Payment Terms, Default Interest: We accept the following payment methods: Prepayment/Bank Transfer: For payment by bank transfer, the customer must make the payment within 14 days of receiving the order confirmation. Delivery occurs only after payment is received. EPS/Sofortüberweisung: Payment on invoice is only available for business transactions. The invoice is sent exclusively by email. Invoices for orders placed via the online shop are sent with the order confirmation. All prices are in Euros (€). We reserve the right to adjust prices if production requires it. For business transactions, the first order is shipped only after prepayment is received. Further orders are delivered with an invoice. The payment term is 30 days net. Payment deadlines are generously set as delivery times are already factored in. We reserve the right to deliver to customers with poor payment behavior only against prepayment. Account fees for foreign transfers (non-SEPA) are borne by the buyer. The full invoice amount must be received in the account of Ticket to the Moon GmbH. In case of late payment, we charge a processing fee of €5 for repeated occurrences. If collection proceedings are initiated, the customer bears the incurred costs. In case of late payment, Ticket to the Moon GmbH is entitled to claim compensation for the actual damage or default interest at the statutory rate. This is 4% p.a. for consumers and 9.2% p.a. above the base rate for businesses. Ticket to the Moon GmbH is entitled to demand compound interest from the day the goods are handed over in case of late payment.
6. Reminder and Collection Fees: The customer agrees to reimburse Ticket to the Moon GmbH for necessary reminder and collection fees incurred in pursuing appropriate legal action in the event of late payment. This includes a flat fee of €40 for collection costs in business transactions in accordance with § 458 UGB. The assertion of further rights and claims remains unaffected.
7. Acceptance Default: If the customer does not take over the goods as agreed (acceptance default), Ticket to the Moon GmbH is entitled, after a failed grace period, to either store the goods at their premises, for which a storage fee of 0.1% of the gross invoice amount per calendar day may be charged, 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 contract fulfillment or withdraw from the contract after setting a reasonable grace period of at least 2 weeks and utilize the goods elsewhere.
8. Delivery Conditions: Ticket to the Moon GmbH is obligated to perform only after the customer has fulfilled all obligations necessary for execution. Unless otherwise stated in the order confirmation, Ticket to the Moon GmbH will dispatch the goods within 6 working days after receipt of payment. Ticket to the Moon GmbH is entitled to exceed the agreed deadlines and delivery times by up to one week. Only after this period has elapsed is the customer entitled to withdraw from the contract after setting a reasonable grace period.
9. Minor Performance Changes: In non-consumer transactions, minor or other reasonable changes in the performance or delivery obligation are considered approved in advance. This applies particularly to deviations caused by the goods (e.g., in dimensions, colors, packaging, smell, etc.).
10. Damages: All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or – in consumer transactions – to damages to items accepted for processing. The burden of proving slight or gross negligence lies with the injured party, unless it is a consumer transaction. The provisions on damages contained in these T&Cs or otherwise agreed apply even if the claim for damages is made alongside or instead of a warranty claim.
11. Retention of Title: All goods are delivered by Ticket to the Moon GmbH under retention of title and remain the property of Ticket to the Moon GmbH until full payment is received. Asserting the retention of title does not constitute a withdrawal from the contract unless explicitly declared. In the event of goods being taken back, Ticket to the Moon GmbH is entitled to charge incurred transport and handling fees. In the event of third-party access to the reserved goods, particularly through seizure, the customer must indicate the ownership right of Ticket to the Moon GmbH and notify them immediately. If the customer is a consumer or a non-business entity whose regular business operations include trading with the goods purchased from Ticket to the Moon GmbH, the customer is not allowed to dispose of the reserved goods until the outstanding purchase price has been fully paid, particularly not to sell, pledge, give away, or lend them. The customer bears the full risk for the reserved goods, especially for the risk of loss, destruction, or deterioration.
12. Right of Withdrawal by Ticket to the Moon GmbH in case of Unauthorized Withdrawal by the Customer: In case of acceptance default (section 7) or other significant reasons such as payment default by the customer, Ticket to the Moon GmbH is entitled to withdraw from the contract, provided it has not been fully fulfilled by both parties. In case of withdrawal, Ticket to the Moon GmbH can choose to demand either a lump-sum compensation of 15% of the gross invoice amount or compensation for the actual damage incurred. In case of payment default, Ticket to the Moon GmbH is released from all further delivery and performance obligations and entitled to withhold any outstanding deliveries or services and to demand prepayments or securities, or after setting a reasonable grace period, to withdraw from the contract. If the customer withdraws from the contract without authorization or requests its cancellation, Ticket to the Moon GmbH can choose either 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 discretion of Ticket to the Moon GmbH, either a lump-sum compensation of 15% of the gross invoice amount or the actual damage incurred.
13. Data Protection, Address Change, and Copyright: The customer consents to the automated storage and processing of the personal data contained in the purchase contract by Ticket to the Moon GmbH for the purpose of fulfilling this contract. Data will not be disclosed to third parties. The customer is obligated to notify Ticket to the Moon GmbH of any changes to their residential or business address as long as the contractual legal transaction is not fully completed by both parties. If this notification is omitted, any declarations shall be considered as delivered even if they are sent to the last known address. Plans, sketches, or other technical documents, as well as samples, catalogs, brochures, illustrations, and similar items, remain the intellectual property of Ticket to the Moon GmbH; the customer does not receive any rights to use or exploit these items.
14. Right of Retention: In non-consumer transactions, the customer is not entitled to withhold the entire gross invoice amount but only a reasonable part thereof in case of justified complaints, except in cases of contract cancellation.
15. Place of Fulfillment, Contract Language, Choice of Law, Jurisdiction: The place of fulfillment is the registered office of Ticket to the Moon GmbH. The contract language is German. The contracting parties agree on the exclusive jurisdiction of the Austrian domestic courts. If it is not a consumer transaction, the court with jurisdiction over the registered office of Ticket to the Moon GmbH shall have exclusive local jurisdiction for all disputes arising from this contract. This contract is subject to Austrian substantive law, excluding the referral norms of international private law (e.g., EVÜ, Rome I Regulation) and the UN Sales Convention. For consumers, this choice of law only applies insofar as it does not restrict any mandatory legal provisions of the state in which they have their residence or habitual abode.
16. Partial Invalidity: Should any provisions of this contract be legally ineffective, invalid, and/or void or become so during the term of the contract, this does not affect the legal effectiveness and validity of the remaining provisions. In such a case, the contracting parties undertake to replace the legally ineffective, invalid, and/or void provision with one that is legally effective and valid and comes closest to the economic effect of the replaced provision – as far as possible and legally permissible.
17. Information about Cookies: We use cookies to make our website more attractive and to enable the use of certain functions. These are small text files stored on your computer. The generated cookies have an expiration time of a maximum of 3 months. You can configure your browser to inform you about the setting of cookies, decide on a case-by-case basis whether to accept them, or exclude the acceptance of cookies altogether. If cookies are not accepted, the functionality of our website may be limited.
18. Information about Analytics: This website uses local analytics tools. No user data is transmitted to external services. Data is stored for analysis for 6 months.
19. Final Provisions: All legally binding declarations based on this contract must be made in writing to the last known address of the respective contracting party. If a declaration is sent to the last known address, it is considered delivered to the respective contracting party. Invoices are sent by email. The chapter headings chosen for the individual sections are solely for clarity and are not to be used for the interpretation of this contract. The assignment of individual rights and obligations from these T&Cs is only permitted with the express written consent of the other contracting party.
20. Consent according to § 107 TKG: The customer agrees to receive messages from Ticket to the Moon GmbH for advertising purposes according to § 107 Telecommunications Act (TKG). This consent can be revoked by the customer at any time by emailing office.europe@ticketothemoon.com.
4. Warranty and Liability Disclaimer
1. Liability for defects related to the nature of the delivered hammocks (hereafter referred to as "product") is excluded, as long as damages are caused by improper use of the product. This includes, but is not limited to, damages caused by contact with sharp or pointed objects, UV radiation, fire, or any other improper use.
2. The customer is obligated to use the product in accordance with the safety instructions. Disregarding these instructions can lead to personal injury and/or damage to the product, thereby voiding all warranty claims against the seller and compensation claims against third parties.
Safety instructions for using TTTM hammocks:
Caution when using the products: Accidents can happen.
Before using a TTTM product for the first time, read all safety information on the product.
- Height restrictions: Never hang your TTTM hammock higher than 45 cm above the ground.
- Ground inspection: Ensure the area under the TTTM hammock is free of sharp objects, stones, or other dangerous items that could cause injury in case of a fall.
- Environment check: Choose appropriate, stable, and living/healthy trees or anchor points that can safely support the weight of the TTTM hammock and its users.
- Regular inspection: Check your TTTM equipment, including carabiners, ropes, and suspension systems, for signs of wear, fraying, or other irregularities before each use. If any issues are found, stop using the product and consult our warranty terms.
- Storage: Always store TTTM equipment indoors when not in use, as weather conditions can quickly degrade the product.
- Child safety: Never leave children unattended while playing with TTTM hammocks.
- Avoid abrupt movements: Do not jump or swing aggressively in the TTTM hammock. Follow instructions: Always adhere to the included instructions.
- Testing before use: Always test the TTTM hammock to ensure it is correctly hung before placing your full weight in it.
- No modifications: Do not modify your TTTM hammock; any after-market changes will void your warranty.
- Do not untie knots at the ends of the TTTM hammock.