GENERAL TERMS AND CONDITIONS (GTC)

MARCH 2025

 

1. SCOPE

1.1 These General Terms and Conditions ("GTC") apply to the sale and delivery of goods by the sole proprietor Dipl.-Ing. Lisa Stolz (hereinafter also referred to as "MOWO") with the business address at Gerhardusgasse 29/21, 1200 Vienna, Austria. They may be amended by MOWO at any time and are applicable in the version current at the time of the customer's order.

1.2 Terms and conditions deviating from these GTC are not valid unless MOWO has explicitly agreed to them in writing or by email before accepting the order.

1.3 By placing an order, the customer agrees to these General Terms and Conditions. MOWO is not obliged to accept orders from the customer.

2. PRICES AND SHIPPING COSTS

2.1 The prices offered are gross prices in Euro, including all statutory taxes and duties (except for deliveries to third countries such as Switzerland or the UK). Applicable shipping costs will be communicated during the checkout process on www.mowo.studio or in another form and will be stated in the written order confirmation (including by e-mail) issued by MOWO. MOWO is free to extend shipping benefits (e.g., free shipping) for specific countries or promotional periods in favour of the buyer.

2.2 For deliveries outside the European Union, additional duties and/or statutory charges may apply, which may lead to a change in the offered gross prices and must be borne by the buyer at the applicable statutory rate.

3. PAYMENT AND DOWN PAYMENTS

3.1 The purchase price is due upon conclusion of the contract (i.e., at the time of acceptance of the customer's order by MOWO), but at the latest upon delivery of the goods, unless a separate agreement has been made. This also applies analogously to partial deliveries.

3.2 MOWO retains title in all goods until full payment of the purchase price, including any shipping costs.

3.3 If the buyer is in default of payment, MOWO may:

• postpone the fulfillment of its obligations until the outstanding payments or other services are made,

• declare a reasonable extension of the delivery period corresponding to the customer's delay,

• declare the entire or remaining purchase price immediately due; this also applies in the case of an installment agreement with a consumer, provided that MOWO has already rendered its services, at least one overdue payment by the consumer has been due for at least 6 weeks, and MOWO has reminded the consumer unsuccessfully under threat of loss of date and set a grace period of at least 2 weeks, with the immediately due installments being reduced by taking into account the interest for the remaining term,

• charge default interest of 9.2% above the base rate issued by the Austrian National Bank, and

• withdraw from the contract after setting a reasonable grace period, as well as

• request from the buyer the reminder and collection fees incurred, provided they are necessary for appropriate legal action and are in a reasonable proportion to the claim pursued, with the buyer being obliged to reimburse a maximum of the fees of the engaged collection agency, which result from the ordinance of the Federal Ministry for Economic Affairs and Labor (BMWA) on the maximum rates of collection agencies. In addition, any further damage, in particular the damage caused by higher interest on any credit costs incurred by MOWO due to non-payment, must be compensated, regardless of the fault in the payment default.

4. TRANSFER OF RISK

4.1 In the case of self-collection of the goods by the buyer, use and risk pass to the buyer at the latest upon handover.

4.2 In the case of delivery, MOWO determines the mode of transport and transport route as the agent of the buyer - in the absence of special instructions from the buyer. Upon delivery, use and risk pass to the buyer upon handover of the goods from MOWO to the carrier. Delivery is thus at the buyer's expense and risk. Insuring the delivery through a separate transport insurance only occurs at the express instruction of the buyer and at their expense.

5. RETURN OF GOODS AND RIGHT OF WITHDRAWAL

5.1 According to the statutory provisions of the Austrian Distance and Foreign Transactions Act (FAGG), the buyer is entitled to withdraw from the purchase contract concluded with MOWO and return goods purchased from MOWO for a full refund of the purchase price under the following conditions:

• The declaration of withdrawal from the purchase contract must be made within 30 days from the delivery of the order to the buyer. A simple declaration of withdrawal to hello@mowo.studio or alternatively by post to MOWO (MOWO Studio, Castelligasse 1/17, 1050 Vienna, Austria), or using the contact method specified in the shipping confirmation, is sufficient. The buyer can use the sample withdrawal form provided by MOWO during the ordering process for this purpose.

• The goods must be returned by the buyer in their original packaging, unused and undamaged, along with the original invoice, within 30 days to the logistic provider of MOWO (OnTheSpot Service GmbH, Industriestraße 1, 2100 Korneuburg, Austria). The buyer must choose a shipping method that allows for shipment tracking. The cost and risk of the return shipment are to be borne by the buyer.

• Marked promotional offers are only taken back in the purchased total quantity. The return is made at the price valid at the time of the original purchase. The refund of the purchase price is made to the payment method originally chosen by the buyer for the respective purchase.

• MOWO reserves the right to extend the withdrawal conditions in favour of the buyer through notification on www.mowo.studio or in the respective shipping confirmation. Notices on the Website relate only to private customers and do not apply to corporate customers who purchase products at a wholesale price.

5.2 The above right of withdrawal explicitly does not apply to special orders at the buyer's request, exhibition items, bargain items, remaining stock, partial quantities from packaging units, partial quantities from sets, and goods from auctions.

6. ORDERS, DELIVERY TIME, DELIVERY OBSTACLES, WITHDRAWAL FROM THE CONTRACT BEFORE DELIVERY

6.1 MOWO accepts orders by phone, email, or by ordering through the online shop available at www.mowo.studio. The acceptance of the respective order by MOWO and thus the conclusion of the purchase contract occurs only through the transmission of the respective shipping confirmation to the buyer. MOWO sends the customer a written (including by email) order confirmation with all relevant order data.

6.2 The customer is obliged to ensure the proper acceptance of the ordered goods at the specified delivery location. In the event of non-acceptance of ordered goods, MOWO is entitled to claim compensation for the resulting additional expenses, such as frustrated transport costs. This does not apply if MOWO does not provide its services in accordance with the contract.

6.3 If delivery or adherence to an agreed delivery period becomes impossible after the shipping confirmation has been sent due to circumstances not attributable to MOWO, the delivery obligation expires on the scheduled delivery date. Circumstances not attributable to MOWO include in particular: difficulties in obtaining goods or raw materials from third parties in subscriptions, delayed release of goods by MOWO's supplier, operational disruptions (also at MOWO's suppliers), traffic disruptions, lockouts, and strikes, as well as all cases of force majeure. In such cases, MOWO will contact the buyer immediately to arrange a replacement date for the hindered delivery. If MOWO offers the buyer a new delivery date that is no later than two weeks after one of the originally agreed delivery dates and the delivery is properly carried out on this new date, timely delivery by MOWO within the meaning of the respective purchase contract is considered.

6.4 If MOWO cannot offer the buyer a new delivery date according to Section 6.3 or if the new delivery date cannot be met due to the circumstances mentioned in Section 6.3 (impossibility of delivery on the agreed date due to circumstances not attributable to MOWO), MOWO is entitled to withdraw from the contract in whole or in part without being liable for damages. In these cases, the buyer is also entitled to withdraw from the contract.

6.5 In the case of divisible services, the buyer has no right of withdrawal concerning deliverable parts as long as parts of the service are fulfillable and usable by the buyer. Under the same conditions or if the remaining parts can be delivered on time (within the meaning of Section 6.3), the buyer is not entitled to refuse acceptance of partial deliveries.

6.6 Changes or cancellations of orders by the buyer generally require written form (including by email). MOWO reserves the right to accept declarations in another form, which then become effective only with the written confirmation by MOWO (including by email). 6.7 Additional conditions mentioned online apply to online vouchers.

7. WARRANTY

7.1 Assurances such as the usability or special properties of the goods or declarations by MOWO employees are non-binding and do not constitute an express assurance of specific properties unless made in writing (including by email).

7.2 Warranty claims require that defects are reported to MOWO immediately, with visible defects reported immediately upon acceptance and hidden defects reported after discovery, and the defective goods and original invoice presented.

7.3 A warranty claim is in any case limited to the purchase price of the delivered and defective goods.

7.4 MOWO fulfils its warranty obligations at its discretion by delivering defect-free goods, improving, delivering missing quantities, reducing the price, or rescinding the contract (i.e., refunding the purchase price) within a reasonable period.

7.5 For entrepreneurs, a warranty period of 12 months applies from the time of risk transfer according to Section 4, whereby for goods exchanged under warranty by MOWO, the warranty period for the respective goods starts anew, but is limited to a maximum of 24 months from the initial delivery.

7.6 For consumers within the meaning of the Austrian Consumer Protection Act, the statutory provisions apply.

8. LIABILITY

8.1 MOWO is liable for damages according to statutory provisions. Liability for damage caused by slight negligence is excluded. The liability limitation does not apply to damages resulting from injury to life, body, or health of persons and for claims under the Austrian Product Liability Act.

8.2 Entrepreneurs must prove the existence of intent or gross negligence. Liability for lost profits and other consequential damages is excluded for entrepreneurs. Furthermore, liability is limited to 10% of the purchase price. Compensation for (consequential) damages, other property damages, financial losses, and damages from third-party claims against the customer is also excluded for entrepreneurs.

8.3 Section 8.1 does not apply to transactions with consumers within the meaning of the Austrian Consumer Protection Act.

9. COLLECTION, BUYER'S DEFAULT OF ACCEPTANCE

9.1 Goods ordered or commissioned by MOWO with the delivery location requested by the buyer EXW warehouse location MOWO (according to INCOTERMS 2020) must be collected within 30 days from notification or commissioning. Any longer storage period up to a maximum of 4 weeks must be expressly agreed with MOWO in advance.

9.2 If the goods are not collected or accepted within this period, MOWO has the right either to store the goods at the buyer's risk, charging a storage fee of 5% of the invoice amount per month or part thereof plus VAT, and to insist on fulfilling the contract, or to withdraw from the contract after setting a grace period of 2 weeks and sell the goods to another customer, whereby in this case the buyer must pay an immediately due handling fee of 15% of the purchase price plus VAT.

10. DATA PROTECTION

10.1 The buyer agrees that the personal data provided by them for the order will be stored and processed in compliance with the provisions of the Data Protection Act and the General Data Protection Regulation (GDPR). These data will be used to the necessary extent to comply with legal requirements, handle payment transactions, customer care, and marketing purposes.

10.2 If the buyer agrees to receive advertising messages from MOWO by electronic mail (email or SMS), they can revoke this consent at any time by email to hello@mowo.studio or MOWO (MOWO Studio, Castelligasse 1/17, 1050 Vienna, Austria). Further information can be accessed at any time at www.mowo.studio/policies/ privacy-policy.

11. OTHER PROVISIONS

11.1 Should individual provisions of the contract or these General Terms and Conditions be invalid, this does not affect the validity of the entire contract or the entire General Terms and Conditions. The remaining contract content or the remaining General Terms and Conditions remain unchanged.

11.2 In the event of disputes, the jurisdiction of the competent court in Vienna shall apply.

11.3 The contract is subject to Austrian law, excluding the UN Sales Convention (CISG).

11.4 For transactions with consumers within the meaning of the Austrian Consumer Protection Act, Section 11.2 does not apply. Section 11.3 applies with the restriction that under the conditions of Art 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations ("Rome I"), special consumer protection provisions of the law of the state in which the consumer has their habitual residence may take precedence over the chosen Austrian law.