Terms of service
Validity
The following General Terms and Conditions (“GTC”) apply to all purchase contracts between UNHAPPYCLUBMEDIA and a consumer or entrepreneur (hereinafter referred to as “contractual partner”) in the version valid at the time of the order.
You can also access and save the GTC at any time at www.unhappyclub.com. The GTC must be accepted separately during the ordering process before the legal transaction is concluded.
Any GTC of the contracting party are expressly rejected and shall only apply if they are expressly confirmed by us in writing.
Conclusion of a contract, storage of the contract text
The following provisions on the conclusion of a contract apply to orders placed via our web shop on the website www.unhappyclub.com.
In the event of a contract being concluded, the contract is concluded with unhappyclubmedia. The presentation of goods in our online shop does not constitute a legally binding offer on our part, but is only a non-binding invitation to the contractual partner to order goods. By ordering the desired goods, the contractual partner submits a binding offer to conclude a purchase contract. The contractual partner submits a binding contract offer by successfully completing the order procedure provided in our online shop.
The order is placed in the following technical steps:
Click on “Shop” on the home page
Select the product
Select the product by clicking on “Add to cart”
Check the shopping cart
Click on the “Proceed to checkout” button
Enter your address and payment information
Check and correct the data you have entered
Submit your binding order by clicking on the “Place order” button
Before submitting a binding order, the contractual partner can return to the website where their details are recorded by clicking on the “Back” button in their internet browser after checking their details and correcting any input errors, or by closing the internet browser to cancel the order process.
We will immediately confirm receipt of the order by means of an automatically generated email (“confirmation of receipt”).
After receiving your order, we will send you the order details/contract text and our General Terms and Conditions by email. For security reasons, this contract text is no longer accessible via the Internet, but is stored electronically by us.
The contract is concluded upon transmission of an order confirmation, but no later than upon dispatch of the ordered goods or provision of the service.
Prices, shipping costs, payment
The prices quoted are in EURO and are tax-free in accordance with § 6 (1) Z 27 UStG (Austrian Value Added Tax Act). Any shipping costs as well as customs or other import duties shall be added. The contractual partner is generally responsible for the shipping costs. We have no influence on customs or import duties and do not assume responsibility for them.
The contractual partner has the option of paying by credit card or Apple Pay.
Delivery
The ordered goods are usually delivered by mail.
Delivery takes place on the agreed delivery date or within the agreed performance period; otherwise within 30 days to the consumer. The delivery period begins on the day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday, or public holiday at the place of delivery, the period ends on the next working day.
Delivery may be delayed for goods that have to be manufactured separately. The contractual partner will be informed of the planned delivery.
In the case of mail order purchases, the risk of accidental loss and accidental deterioration of the goods is transferred to the contractual partner as soon as we notify them that the goods are ready for shipment and delivery. If the contractual partner is a consumer, the transfer of risk shall only take place upon handover of the goods to him or to a third party designated by him who is not the carrier.
If a package is obviously damaged upon delivery, the contractual partner must insist that this circumstance be recorded in writing by the delivery agent. The contractual partner must notify us in writing (by mail or email) of any damage to a product within 7 days.
Retention of title
We retain title to the goods until the purchase price has been paid in full.
Consumer's right of withdrawal
If the contractual partner is a consumer, they have a right of withdrawal.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us, unhappyclub media – Wienerstraße 17, 4470 Enns, office@unhappyclub.at, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. You can also fill out and submit the sample withdrawal form or another clear statement electronically on our website www.unhappyclub.com. If you make use of this option, we will immediately send you confirmation of receipt of such a withdrawal by email.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back.
You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
End of the cancellation policy
Exceptions to the right of withdrawal
There is no right of withdrawal for
1. Goods that are manufactured according to customer specifications or clearly tailored to personal needs.
Warranty
Mandatory statutory warranty provisions apply to consumers; in particular, the warranty period for used goods is one year. For businesses, the warranty period is six months.
Minor or other changes to our performance or delivery obligations that are reasonable for the contractual partner are deemed to be approved in advance; this applies in particular to deviations caused by the item itself (e.g., in dimensions, colors, etc.).
The photographs contained in a product description are for illustrative purposes only. Due to the uniqueness of the products or the materials used, there may be color deviations or minor size differences between the actual product and its image on the Internet, which, however, do not entitle the contractual partner to make a complaint.
A defect does not exist if faults occur in the goods due to improper or unintended use. In particular, the manufacturer's instructions must be observed for proper and intended use.
With regard to entrepreneurs, the presumption of defectiveness pursuant to
§ 924 ABGB (statutory reversal of the burden of proof) and the right of recourse pursuant to § 933b ABGB are excluded.
Damages
If we are liable for damages, we shall only be liable for intent and (gross) negligence. If the contractual partner is a consumer, we shall also be liable for simple negligence.
Any further liability is excluded. In particular, we shall not be liable for indirect damages and lost profits.
Our liability is limited to the amount of the specific contractual remuneration. Any further liability is excluded, unless consumer protection provisions provide otherwise.
We accept no liability for the topicality, correctness, completeness, and content of the information provided.
We accept no liability for late delivery resulting from circumstances beyond our control (e.g., delivery delays by a shipping company, natural disasters, etc.).
We accept no liability for the incorrect use of products labeled “only for off-road use or while parking.”
We are not liable for allergies or intolerances of the contractual partner to any component of the raw materials used in our products. An allergy or intolerance on the part of the contractual partner does not entitle them to make a complaint.
If the contractual partner is an entrepreneur, they may no longer assert claims for damages after six months have elapsed since they became aware of or could have become aware of the damage.
Offsetting, retention
The right to offset claims against us is excluded. However, if the contractual partner is a consumer, they have the right to cancel their liabilities by offsetting them in the event of our insolvency or for counterclaims that are legally related to the consumer's liability and have been established by a court of law or recognized by us.
The contractual partner shall not have a right of retention. This shall not apply if the contractual partner is a consumer.
Shortening by more than half
The right to contest the contract on the grounds of shortening by more than half in accordance with § 934 ABGB (laesio enormis) is excluded. This shall not apply to consumers.
Applicable law, place of jurisdiction, place of performance, written form
Austrian law shall apply exclusively, excluding conflict of law rules and the provisions of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies with the exception of the mandatory provisions of the law of the consumer's habitual residence.
The exclusive place of jurisdiction for disputes arising from or in connection with the contract or these General Terms and Conditions between the contractual partner and us is the competent court at the registered office of unhappyclub. This does not apply to the places of jurisdiction for consumers that are mandatory under law.
The place of performance is the registered office of unhappyclub.
Amendments and additions to this contract must be made in writing; this also applies to subsidiary agreements and subsequent amendments to the contract, as well as to any waiver of the written form requirement.
Contract language
The contract language is exclusively German.
Data protection
The applicable data protection regulations, in particular the GDPR, are complied with. Our privacy policy and further information can be found on our website at: Privacy Policy – unhappyclub.
Severability clause
Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic and legal intent of the invalid provision.