Article 1 – Definitions
In these General Terms and Conditions, the following terms shall have the meanings set out below:
1.1 Supplementary contract
A contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these are supplied by the trader or a third party based on an agreement with the trader.
1.2 Cooling-off period
The period within which the consumer may exercise their right of withdrawal.
1.3 Consumer
Any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.4 Digital content
Data produced and supplied in digital form.
1.5 Continuous performance contract
A contract providing for the regular supply of goods, services and/or digital content over a defined period.
1.6 Durable medium
Any medium that enables the consumer or trader to store information personally addressed to them in a way accessible for future reference for a period adequate for the purposes of the information and which allows unchanged reproduction (e.g. email).
1.7 Right of withdrawal
The consumer’s right to withdraw from a distance contract within the cooling-off period.
1.8 Trader
The natural or legal person who offers goods, digital content and/or services to consumers by means of distance communication.
1.9 Distance communication
Means that can be used for concluding a contract without the simultaneous physical presence of trader and consumer.
Article 2 – Identity of the Trader
Company name
TheDailyPins – Michael Fischer e.U.
Registered address & return address
Bernardgasse 29/16
1070 Vienna
Austria
VAT number
ATU73939214
Contact
Email: info@thedailypins.com
WhatsApp: +43 664 178 0999
Article 3 – Applicability
3.1 These General Terms and Conditions apply to all offers made by the trader and to all distance contracts concluded between the trader and the consumer.
3.2 Prior to the conclusion of the contract, these General Terms and Conditions shall be made available to the consumer in a clear and comprehensible manner.
3.3 If the contract is concluded electronically, the General Terms and Conditions shall be made available in a way that allows the consumer to store them on a durable medium.
3.4 If specific product or service conditions apply in addition to these General Terms and Conditions, the consumer may always rely on the provision that is most favourable to them in the event of conflicting terms.
Article 4 – The Offer
4.1 If an offer is subject to limitations or conditions, this shall be clearly stated.
4.2 The offer contains a complete and accurate description of the products, digital content and/or services offered. Images are for illustrative purposes; minor deviations may occur.
4.3 Obvious errors or mistakes in the offer are not binding on the trader.
Article 5 – The Contract
5.1 The contract is concluded when the consumer accepts the offer and fulfils the stated conditions.
5.2 If the contract is concluded electronically, the trader shall promptly confirm receipt of the order electronically.
5.3 The trader shall take appropriate technical and organisational measures to secure electronic data transmission and online payments.
5.4 The trader reserves the right to refuse an order or impose special conditions if there are reasonable doubts regarding payment obligations.
Article 6 – Right of Withdrawal (Goods)
6.1 The consumer has the right to withdraw from the contract within 14 days without giving any reason.
6.2 The withdrawal period begins on the day after the consumer or a third party designated by them receives the goods.
6.3 If multiple goods are ordered in one order, the period begins upon receipt of the last item.
Article 7 – Right of Withdrawal (Digital Content & Services)
7.1 For services and digital content not supplied on a tangible medium, the withdrawal period is 14 days from the conclusion of the contract.
7.2 The right of withdrawal expires if the trader begins performance with the consumer’s prior express consent and acknowledgment that the right of withdrawal is lost.
Article 8 – Consumer Obligations During the Withdrawal Period
8.1 The consumer shall handle goods with care and only to the extent necessary to establish their nature, characteristics and functioning.
8.2 The consumer is liable for any diminished value resulting from handling beyond what is necessary.
Article 9 – Exercise of the Right of Withdrawal
9.1 To exercise the right of withdrawal, the consumer must notify the trader by email to info@thedailypins.com.
9.2 The consumer must return the goods within 14 days of notifying withdrawal.
9.3 Return shipping costs are borne by the consumer.
9.4 The burden of proof for timely withdrawal lies with the consumer.
Article 10 – Obligations of the Trader in Case of Withdrawal
10.1 The trader shall reimburse all payments received, including standard delivery costs, within 14 days of withdrawal notification.
10.2 Reimbursement may be withheld until the goods are received or proof of return is provided.
10.3 Refunds are made using the original payment method unless otherwise agreed.
Article 11 – Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to:
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Custom-made or personalised products
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Sealed goods unsealed after delivery for hygiene reasons
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Digital content where performance has begun with express consent
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Services fully performed with prior consent
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Goods that deteriorate quickly or have a short shelf life
(as per §18 FAGG)
Article 12 – Prices
12.1 All prices include VAT and applicable taxes.
12.2 Prices may change due to statutory tax changes.
12.3 Obvious pricing errors do not bind the trader.
Article 13 – Conformity & Warranty
13.1 Statutory warranty rights under Austrian law apply.
13.2 Any additional guarantee does not limit statutory consumer rights.
Article 14 – Delivery
14.1 Orders are processed with due care and delivered within 30 days unless otherwise agreed.
14.2 If delivery is delayed, the consumer shall be informed promptly.
14.3 Risk passes to the consumer upon delivery.
Article 15 – Payment
15.1 Payment is due immediately unless otherwise stated.
15.2 The consumer must report incorrect payment details without delay.
Article 16 – Complaints
16.1 Complaints should be submitted in writing to info@thedailypins.com.
16.2 Complaints will be answered within 14 days.
Article 17 – Retention of Title
Goods remain the property of the trader until full payment has been received.
Article 18 – Governing Law and Jurisdiction
18.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
18.2 Mandatory consumer protection provisions of the consumer’s country of residence remain unaffected.
