Conditions

Therme Wien GmbH & Co KG, represented by Therme Wien Ges.m.b.H.

I.

These General terms and conditions of business (GTC) apply to all contracts concluded with and legal declarations issued by Therme Wien GmbH & Co KG, and form an integral part of every contractual relationship concluded with Therme Wien GmbH & Co KG. The GTC also apply to additional orders and instructions to change orders issued after conclusion of a contract. The version of the GTC as amended on the date of conclusion of the contract shall apply. Any deviations from these GTC must be agreed in writing. This also applies to the waiver of the written form requirement. Any subsidiary oral agreements and the respective contractual partner’s general terms and conditions of business shall not be binding, unless expressly agreed to in writing by Therme Wien GmbH & Co KG.

II.

These GTC do not apply to transactions with consumers in the meaning of the Konsumentenschutzgesetz (Consumer Protection Act, Federal Law Gazette [FLG] No. 140/1979, as amended by FLG I No. 62/2004 [National Council: GP XXII RV 467 AB 490, p.62; Federal Council: AB 7047, p.710] [CELEX no. 32002L0065]), to the extent that they contradict the provisions of the Consumer Protection Act.

III.

The contract with Therme Wien GmbH & Co KG is deemed to be concluded upon acceptance or confirmation in writing by Therme Wien GmbH & Co KG of the order placed by the contractual partner, and in the case of orders placed online, at the time the order acknowledgement is sent. With regard to orders placed by customers online, Therme Wien GmbH & Co KG is entitled to limit the size of the order to normal household quantities. All offers made by Therme Wien GmbH & Co KG are non-binding, and the offers included in price lists, catalogues and on websites are subject to change at any time.

IV.

Customers who constitute consumers in the meaning of the Consumer Protection Act may rescind the contract within seven working days of receipt of goods ordered online, provided the rescission is made in writing and in good time, whereby Saturdays are not deemed working days. Ordered vouchers may only be redeemed following payment in full and expiry of the rescission period. Reimbursement of the purchase price shall be made as and when goods are returned as delivered, unopened and undamaged. Therme Wien GmbH & Co KG retains ownership of the goods until the purchase price has been paid in full.

V.

Payment must be made immediately upon receipt of invoice and without deductions. Prices are quoted including VAT and excluding shipping costs. Payment is deemed to have been made on the day on which Therme Wien GmbH & Co KG is able to dispose of the received funds. In the event of payment default, interest is charged at a rate of 5% above the base interest rate for consumers, and at a rate of 8% above the base rate for businesses. The customer also undertakes to bear all costs and expenses related to the collection of the debt, including collection fees charged by Kreditschutzverband von 1870, as well as the costs of any legal action. Offsetting of counterclaims is not permitted. Rights of the contractual partner pursuant to section 1052 Allgemeines Bürgerliches Gesetzbuch (Austrian Civil Code) to refuse to meet its contractual obligations to effect or secure the consideration due, as well as any rights of retention are excluded. Consumers are only entitled to offset counterclaims in the event of the insolvency of Therme Wien GmbH & Co KG, or counterclaims legally related to the customer’s debt which have been established by a court of law or recognised by Therme Wien GmbH & Co KG. Payments can be made within the EU by payment slip, Paysafecard or credit card, cash on delivery or bank transfer. However, Therme Wien GmbH & Co KG reserves the right to exclude certain payment methods in individual cases. Deliveries of goods are subject to the currently advertised rates for standard or registered deliveries, per order, irrespective of the value of the goods ordered. This fee is applied for national and international deliveries.

VI.

When using goods, strict compliance with the manufacturer’s instructions, specifications, recommendations for use, etc. is essential. The warranty period for consumers is two years from the delivery date, and for businesses one year from the delivery date.

VII.

Beyond the scope of the Produkthaftungsgesetz (Product Liability Act), Therme Wien GmbH & Co KG shall be liable only in cases of gross negligence or wilful intent. Liability for slight negligence, compensation for consequential damages and pecuniary loss, loss of savings or interest, and damages arising from claims made against the customer by third parties is excluded. Therme Wien GmbH & Co KG is only liable for content on its own websites; liability for third-party content is excluded.

VIII.

Therme Wien GmbH & Co KG may fully transfer rights and duties arising from a contract to third parties without the consent of the contractual partner, with the effect of discharging the debts of the transferor. Therme Wien GmbH & Co KG shall inform the contractual partner of such a transfer in an appropriate manner.

IX.

The place of fulfilment is the headquarters of Therme Wien GmbH & Co KG. The competent court for the domicile of Therme Wien GmbH & Co KG shall have jurisdiction in all disputes arising from the contract. If the customer is a consumer, this is the agreed place of jurisdiction only if the customer has his/her domicile, habitual residence or place of work in the same administrative district, or if the customer lives abroad. Austrian law shall apply, and the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. In the case of consumers, this choice of law applies only insofar as the protection provided by the mandatory provisions of the applicable legislation in the country where he/she habitually resides is not withdrawn.

X.

If any provisions of these GTC are or become ineffective or invalid, this shall not affect the effectiveness and validity of the remaining provisions. In such cases the contracting parties undertake to replace the ineffective or invalid provision with one which the contracting parties would have adopted had they been aware of the circumstance that caused the ineffectiveness or invalidity of the provision in question. The contractual partner must provide notification any change in its address immediately. Written correspondence is deemed to have been received when sent to the contractual partner’s last known address.

XI.

Additional information
Name:  Therme Wien GmbH & Co KG
Address: Kurbadstrasse 14, 1100 Vienna
Reg. no: FN 299763 d; Vienna commercial court 1010 Vienna
Tel. +43 (0)1 68009
Fax: +43 (0)1 168009 9088
Last updated: December 2010