General Terms and Conditions
Scope of Application
(1) The following terms and conditions are part of every contract between vabon GmbH, Inkustraße 1-7/8/DG, 3400 Klosterneuburg, Austria, represented by the managing directors Martin Dvoracek and Nina Dvoracek, with its registered office there (hereinafter: vabon) and the customer.
(2) vabon provides its services exclusively on the basis of these terms and conditions.
Conclusion of Contract
(1) The presentation of goods, especially on the internet, does not yet constitute a binding offer from vabon.
(2) The customer can freely choose from the offer and add goods to the shopping cart using a link "Add to Cart". The customer can empty the shopping cart at any time by setting the quantity of the selected products to "0". Changes can be made using mouse and keyboard. By clicking the "Checkout" button, the customer is redirected to a page where they can register as a customer if they do not yet have access data or log in as an existing customer. For this purpose, a username along with a password and contact details are entered. After successful registration and confirmation of the delivery address, the ordering process is completed by clicking the "Place Order" button. By submitting the order, the customer makes a binding offer to purchase the goods in the shopping cart and accepts these Terms and Conditions. The receipt of the order is immediately displayed to the customer after completing the ordering process. We store the order and the entered order data.
(3) The customer will be informed of the receipt of the order by email. This does not constitute a binding acceptance of the order. The contract is only concluded upon sending a separate delivery confirmation by email or upon dispatch of the goods.
(4) The language relevant for the conclusion and processing of this contract is German (alternatively the selected language). Translations are for information purposes only; in case of discrepancies, the German version prevails.
Privacy Policy
(1) Personal data is only collected to the extent that the customer voluntarily provides it during the ordering or registration process. By filling out and submitting a web form for ordering purposes, the customer transmits personal data to vabon.
(2) vabon uses the data provided by the customer (salutation, name, address, email address, telephone number, fax number, bank details) in accordance with the provisions of applicable data protection law. In this respect, vabon only collects, stores, and processes data provided by the customer within the scope of their entries in the form and does not create user behavior profiles.
(3) We point out that cookies are used for the purpose of simplifying the shopping process and for later contract processing via the webshop, which store IP data as well as the buyer's name, address, and payment data.
(4) For the purpose of contract fulfillment, namely delivery, the customer's personal data will be forwarded to the carrier, insofar as this is necessary for the delivery of the goods. The carrier is also obliged to use the customer's personal data exclusively in accordance with the provisions of applicable data protection law.
(5) Furthermore, for the purpose of contract processing, credit card data or bank details are transmitted to the processing banks/payment service providers for the purpose of debiting the purchase price, as well as to our tax advisor to fulfill our tax obligations.
(6) After the shopping process is aborted, the data stored with us will be deleted. In the case of a contract conclusion, all data from the contractual relationship will be stored until the expiration of the tax retention period (7 years).
(7) The data name, address, purchased goods, and purchase date will also be stored until the expiration of the statutory product liability period. Data processing is based on the legal provisions of § 96 para. 3 TKG as well as Art 6 para. 1 lit b necessary for contract fulfillment under the GDPR.
(8) Under applicable data protection law, the customer has the right to free information about their stored data as well as, if applicable, the right to correction, blocking, or deletion of this data. Corresponding requests for information can be addressed to the email address support@vabon.com. If the personal data stored about the customer is incorrect, it will be corrected immediately upon appropriate notice from the customer.
(9) Beyond the aforementioned privacy policy, all personal data of the customer transmitted to vabon will not be made accessible to third parties without the customer's separate written consent, unless this is required by law or official order.
Delivery Terms/Delivery Costs
(1) Delivery is made, unless otherwise agreed in writing, from stock. If the customer is a consumer, the shipping risk is borne exclusively by vabon. If the customer is an entrepreneur, the risk passes to the customer as soon as vabon has handed over the item to the carrier or other persons or institutions designated to carry out the shipment.
(2) Delivery takes place within 1-3 working days in Austria, 2-4 in all other countries, whereby working days are considered Monday to Friday, excluding public holidays. The period begins with the conclusion of the contract.
Payment terms
(1) Both corporate and private customers can pay by credit card (VISA, MasterCard), electronic direct debit procedure ("eLV") (exception Switzerland), or PayPal. Payment by credit card and "eLV" is immediate. vabon undertakes to use the credit card number including expiration date solely for the purpose of collecting payment and to store it only for this purpose. If there is insufficient credit card coverage, the order is invalid from the outset. By selecting the mentioned payment method, the customer agrees to the transmission of data to UNZER and the execution of an amount reservation.
(2) All prices include the statutory value-added tax.
(3) In the event of a customer's default in payment, even if the default is not their fault, they are obliged to pay the resulting dunning fees as well as interest at a rate of 12.5% p.a. Subsequently, a collection agency will be commissioned to collect the claim. In addition to the aforementioned costs, all costs incurred by the collection agency and charged to us, the maximum amount of which is determined by the Regulation on Maximum Rates for Collection Agencies (BGBl No. 141/96), shall be borne by the customer who is culpably in default, provided these costs are reasonable and necessary for appropriate legal enforcement. Payments will first be applied to interest and costs. The customer is hereby expressly informed that in the event of their default, vabon will transmit the name (including previous names), gender, address, occupation, outstanding balance, and dunning data in accordance with § 8 para. 3 DSG 2000 to the trade credit register as well as to collection companies authorized to collect claims.
Retention of title
The goods remain the property of vabon until full payment has been made.
Warranty
(1) The statutory provisions apply with regard to the warranty.
Withdrawal instructions
Right of withdrawal
As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The period is fourteen days from the day you or a third party named by you, who is not the carrier, takes possession of the goods. To exercise your right of withdrawal, you must inform us
vabon GmbH
Inkustraße 1-7/8/DG
3400 Klosterneuburg
Austria
Phone: +43/2243/25511
Email: support@vabon.com
by means of a clear statement (e.g., a letter sent by post or email) informing us of your decision to withdraw from this contract. To meet the deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day we receive the notification of your withdrawal from this contract. We will use the same payment method you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this refund. We may withhold the refund until we have received the goods back or you have provided proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires.
You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling the goods in a way that was not necessary to check their condition, properties, and functioning.
30-day money-back guarantee (voluntary supplement to the statutory right of withdrawal)
In addition to the statutory 14-day right of withdrawal, vabon GmbH voluntarily grants its customers a 30-day money-back guarantee.
Within 30 days of receiving the goods, the customer can have the purchase price refunded—even after the statutory withdrawal period has expired—provided that no more than 20% of the product content has been used and the original packaging is returned. This guarantee does not affect the statutory right of withdrawal and exists in addition to it.
Limitation of liability
(1) vabon is liable, except for injury to life, body, and health, only for damages caused by intentional or grossly negligent conduct. This also applies to indirect consequential damages, such as lost profits.
(2) Liability, except in cases of intentional or grossly negligent conduct or damages resulting from injury to life, body, and health, is limited to damages typically foreseeable at the time of contract conclusion and, otherwise, to the contract-typical average damages. This also applies to indirect consequential damages, such as lost profits.
(3) The liability limitations in paragraphs 1 and 2 also apply accordingly in favor of vabon’s employees and agents.
(4) Claims for liability under the Product Liability Act remain unaffected.
Final provisions
(1) The law of the Republic of Austria applies, excluding the UN Sales Convention. Consumers with habitual residence abroad may also invoke the law of the state in which they reside, regardless of the specific choice of law.
(2) The place of performance is the registered office of vabon, provided the customer is a merchant.
(3) For any disputes arising from this contract, the court exercising commercial jurisdiction in Korneuburg shall be responsible, provided the customer is a merchant.
Delivery and shipping costs
(1) Shipping costs
Shipping costs are included in the total price. For subscription orders, the processing fees of € 6 (in words: six).
(2) Packaging
All packaging materials can be disposed of in public collection containers.
Value-added tax on EU deliveries (B2B/B2C). For tax-exempt intra-community deliveries to entrepreneurs within the EU, the buyer must provide a valid foreign VAT ID number and the goods must be transported/shipped to another EU member state. Without a valid VAT ID number, Austrian VAT will be charged; tax exemption as an intra-community delivery does not apply. We verify VAT ID numbers via VIES; if the information does not match, we reserve the right to cancel or correct the invoice.