Terms & Conditions (T&C)

1. General Information & Scope

1.1 These Terms & Conditions (“T&C”) apply to all contracts concluded between you, the customer, and Tricktionary GmbH (“we,” “us,” “our”).

1.2 By placing an order through our online store, you agree to be bound by these T&C.

1.3 Any terms and conditions of the customer that deviate from or conflict with these T&C shall not apply unless expressly agreed in writing.

2. Company Information

Company Name:
Tricktionary GmbH

Registered Office:
Riedgasse 10
6142 Mieders
Austria

Commercial Register (Firmenbuchnummer): 427577s
Austrian VAT ID: ATU69250589

Shipping and Return Address (Warehouse):
Tricktionary warehouse
Nonnenhoferstr. 35
17033 Neubrandenburg
Germany

The contractual partner for all orders is Tricktionary GmbH, Austria.

3. Conclusion of Contract

3.1 The presentation of products and services in our online shop does not constitute a legally binding offer but an invitation to place an order.

3.2 By clicking the “Order Now” button (or similar), you submit a binding order for the items in your shopping cart. Receipt of the order is confirmed automatically by email. This confirmation does not constitute acceptance of your offer.

3.3 A contract is concluded only once we expressly confirm the order or dispatch the goods.

4. Prices & Payment

4.1 All prices shown in the webshop are final prices in the currency indicated (usually EUR) and include the applicable statutory VAT according to the customer’s place of delivery, unless otherwise stated. Shipping costs are not included in the product prices and will be displayed separately during the ordering process.

4.2 The available payment methods are displayed during checkout (e.g. credit card, PayPal, bank transfer). We reserve the right to exclude certain payment methods in individual cases.

4.3 For deliveries outside the European Union, additional costs such as customs duties, taxes, or fees may apply. These costs are borne by the customer.

5. Delivery & Shipping

5.1 Unless otherwise agreed, goods are dispatched from our warehouse in Germany to the delivery address provided by the customer.

5.2 Stated delivery times are estimates and may be affected by factors beyond our control, such as customs clearance or logistical delays.

5.3 If delivery is delayed beyond a reasonable additional period set by the customer, the customer is entitled to withdraw from the contract.

5.4 Partial deliveries are permitted if reasonable for the customer.

6. Transfer of Risk

6.1 For consumers, the risk of accidental loss or deterioration of the goods passes to the customer upon delivery of the goods to the customer or a third party designated by the customer.

6.2 For business customers, the risk passes upon handover of the goods to the carrier or freight forwarder.

7. Retention of Title

The goods remain our property until full payment has been received. In the event of default in payment, we reserve the right to reclaim the goods.

8. Right of Withdrawal (Consumers in the EU)

8.1 Consumers residing in the European Union have the right to withdraw from this contract within fourteen (14) days without giving any reason.

8.2 The withdrawal period begins on the day on which the customer or a third party designated by the customer (other than the carrier) takes possession of the goods.

8.3 To exercise the right of withdrawal, the customer must inform us of their decision by an unequivocal statement (e.g. letter or email). A model withdrawal form is available but not mandatory.

8.4 In the event of withdrawal, we will reimburse all payments received, including standard delivery costs, without undue delay and no later than fourteen (14) days from receipt of the withdrawal notice.

8.5 The customer must return the goods without undue delay and in any event no later than fourteen (14) days from notification of withdrawal. The customer bears the direct costs of returning the goods.

9. Returns & Refunds

9.1 All returns must be sent to the following return address:

Tricktionary warehouse
Nonnenhoferstr. 35
17033 Neubrandenburg
Germany

9.2 The consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

10. Warranty & Liability

10.1 Statutory warranty rights apply. In the event of defects, we may choose to repair or replace the goods. If this fails, the customer may request a price reduction or withdraw from the contract.

10.2 We are liable without limitation for intent, gross negligence, and for damages resulting from injury to life, body, or health. In cases of slight negligence, liability is limited to breaches of essential contractual obligations and to foreseeable, typical damages.

10.3 Mandatory liability under applicable law, including the Austrian Product Liability Act (Produkthaftungsgesetz), remains unaffected.

11. Data Protection & Privacy

Personal data is processed in accordance with our Privacy Policy and applicable data protection laws, including the EU General Data Protection Regulation (GDPR).

12. Dispute Resolution

12.1 The European Commission provides an Online Dispute Resolution (ODR) platform at
https://ec.europa.eu/consumers/odr

12.2 We are not obliged nor willing to participate in alternative dispute resolution proceedings before a consumer arbitration board unless required by law.

13. Applicable Law & Jurisdiction

13.1 These T&C are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), provided that mandatory consumer protection provisions of the customer’s country of residence remain unaffected.

13.2 For business customers, the exclusive place of jurisdiction is Innsbruck, Austria, unless mandatory statutory provisions provide otherwise.

14. Final Provisions

14.1 If individual provisions of these T&C are or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.