§1 Applicability and supplier
(1) The general terms and conditions (subsequently called T&C) apply to all users of KAMPUSCH in cooperation with Dachbuch Verlag GmbH – subsequently called KAMPUSCH and govern the contractual relationship between KAMPUSCH and its clients.
(2) For offer, supplies and deliverables of KAMPUSCH only these T&C apply. This also applies to future commercial activities. It does not apply to the T&C of our clients, even though these will not be contradicted separately.
(1) Postal address: Rittergasse 4/EG, 1040 Vienna and via E-Mail office[at]kampusch.com.
§3 Contract formation
(1) The presentation of products of KAMPUSCH in this online shop is a non legally binding offer.
(2) By clicking the “Place Order” or “Place Pre-Order” button you create a binding order for all products in your shopping cart. The confirmation and acceptance of your order immediately happens after sending an automated email confirmation. With this email confirmation, the contract of sales is concluded.
(3) We save the contract and send you the order details by e-mail. You can access the terms and conditions at any time here. You can view past orders in your account.
(4) You have the alternative to close the contract in German or English.
§4 Payment terms, delay and method of payment
(1) All obligations resulting from the contractual relationship between KAMPUSCH and the client are immediately payable and due for payment without deductions.
(2) Regular method of payment is debit entry. KAMPUSCH reserves the right to attain other methods of payment, such as credit cards, PayPal or SOFORT.
(3) KAMPUSCH begins the production when the receipt of payment is ensured.
(4) The client has to pay delayed interest in case of a delay by statutory provisions.
§5 Delivery and transfer of risk
(1) The delivery will be made to the delivery address specified by the client, unless the client has specified another.
(2) Packaging and shipping charges are included in the price for customers with a delivery address in Austria. For customers with a delivery address outside of Austria shipping costs will be added to the specified product prices. Detailed information on the shipping costs can be found directly in the offer. Further costs, such as customs duties have to be paid for by the client.
(3) The proprietorship of the item stays with KAMPUSCH until all receivables have been paid for.
(4) KAMPUSCH is responsible for the proper and timely deliverance, but not for delays the shipping company is liable for.
(1) If the customer fails to make correct information about his creditworthiness available KAMPUSCH is entitled to rescind from the contract, especially if a bankruptcy proceeding regarding the assets of the client is applied for. Reimbursement for services rendered is to be provided.
§7 Notice of cancellation / consumer rights to cancel the contract
(1) Cancellation policy Note of cancellation can be made within 14 days (letter or email) without any reason. The withdrawal period begins when you received the products.
In order to execute your right to cancel the contract you have to send us (KAMPUSCH in cooperation with Dachbuch Verlag GmbH, Rittergasse 4/EG, 1040 Vienna, Austria, firstname.lastname@example.org) a distinct statement (e.g. postal letter or email) that you want to execute your right of revocation. You can use the attached sample statement, which usage is not mandatory.
In order to ensure the withdrawal period, you have to send the revocation statement before the withdrawal period expires.
(2) Consequences of revocation In the case of an effective revocation benefits are to be returned and if so derived profits are to be returned. If the goods are not returned in the quality received the customer has to compensate the loss of value. Has the merchandise been damaged through conventional usage, the customer does not have to pay. For returns, you have to pay the direct costs of returning the goods.
Model withdrawal form
Company: KAMPUSCH in cooperation with Dachbuch Verlag GmbH
Address: Rittergasse 4 / EG, 1040 Vienna, Austria
I / we (*) hereby revoke the contract for the purchase of the following goods (*) concluded by me / us (*):
Ordered on (*) / received on (*) Name of consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only in the case of a communication on paper) Date
(*) Delete as appropriate.
(1) For the rights in case of defects as to quality and defects of the goods and in any other case of other breaches of duty by the supplier, the statutory provisions apply.
(2) Notice of termination must be drawn up in writing.
§9 Limitation of liability
(1) Regarding claims of compensation for the injury of life, body and the health KAMPUSCH is only liable for deliberate or grossly negligent actions.
(2) Liability for slightly negligent actions of accessory contractual obligations is excluded.
(3) The liability for infringement beyond the significant contractual duties
§10 Choice of law, jurisdiction and saving clause
(1) German law applies.
(2) UN jurisdiction is excluded.
(3) Legal domicile is the KAMPUSCH office.
(4) Should one or more of the terms above become void, the other conditions remain untouched.
(1) Platform of the EU Commission regarding online dispute resolution: http//ec.europa.eu/consumers/odr