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Terms Of Service Policy
Terms of Service:
Ikegger Europe powered by MashCamp GmbH, 06.02.2025
1. Scope of the General Terms and Conditions:
1.1 These General Terms and Conditions ("GTC") apply in their valid version to all order processes for products handled via the online shop of iKegger Europe, Perfektastrasse 89, 1230 Vienna.
1.2 Our deliveries, services, and offers are made exclusively based on these General Terms and Conditions. At the latest upon receipt of our goods, our sales and delivery conditions are deemed expressly accepted. Deviations from these conditions require our explicit written confirmation to be valid. These GTC also apply to future business relationships with companies without the need for repeated reference.
1.3 These General Terms and Conditions also apply to orders placed by businesses; however, any provisions specifically directed at consumers do not apply. These GTC also apply to future business relationships without the need for further notification. Any purchasing conditions of the buyer are hereby expressly rejected.
1.4 For consumers, the provisions of the Consumer Protection Act apply in addition to these GTC.
2. Conclusion of Contract
2.1 By clicking the order button, you place a binding order for the goods contained in the shopping cart. The customer's order is an offer to Ikegger Europe to conclude a purchase contract, whereby the presentation of the products in the online shop does not constitute a legally binding offer but a non-binding online catalog.
2.2 When an order is placed via the online shop, Ikegger Europe confirms receipt of the order by email. This order confirmation does not constitute acceptance of the order but merely informs the customer that the order has been received. If the ordered goods are unavailable, the customer will be informed accordingly by email.
2.3 Acceptance of the customer's offer by Ikegger Europe (purchase contract) only occurs with the shipment of the ordered goods, confirmed by an email (shipping confirmation).
2.4 No purchase contract is concluded for goods ordered by the customer that are not listed in the shipping confirmation.
2.5 All information in our online shop is subject to change and non-binding.
2.6 Due to technical reasons, minor deviations of the delivered goods from the images shown in our online shop may occur. The images do not always accurately depict the product but serve for illustration purposes.
3. Delivery
3.1 The shipping of goods is carried out via the external shipping service provider DPD or DHL within 2 business days of the order. Upon handing over the goods to the shipping service provider, a shipping confirmation is sent by email, which includes a tracking code to monitor the shipment’s progress on the shipping provider's platform. iKegger Europe is not liable for the accuracy of such tracking information.
3.2 Oversized or excessively heavy goods must be delivered via freight forwarding by truck on a pallet. Freight forwarding items are marked as such online and are always subject to transport costs, regardless of any free shipping thresholds. The exact freight costs are displayed during the ordering process before checkout. Freight forwarding differs from parcel services, particularly in terms of delivery, goods acceptance, and liability for transport damages. If no one is available at the delivery address and a second delivery attempt is required, the freight forwarder will charge a second delivery fee amounting to 80% of the actual transport costs. The actual transport costs are usually two to three times higher than the flat shipping fee charged in the webshop. The exact costs to your location can be requested via email before ordering. To avoid re-delivery costs, we send an informational email about handling freight forwarding shipments. Compliance with these instructions is essential to avoid additional costs. See also section 3.5.
3.3 All delivery times and deadlines are non-binding. The seller is entitled to make partial or early deliveries.
3.4 Fixed-date deliveries are not possible. A fixed-date delivery means that the goods must arrive at a specific place at a specific time or can only be delivered on certain days.
3.5 Transport Damages
For consumers under the Consumer Protection Act: The risk and ownership are transferred to the consumer once the transporter has delivered the goods to the consumer or a third party other than the transporter. If goods are delivered with obvious transport damage, please report this immediately to the delivery agent and contact us as soon as possible. Failure to make a complaint or contact us does not affect your legal rights, particularly your warranty rights. However, it helps us assert our claims against the freight carrier or transport insurance. For freight forwarding deliveries, the transport insurance only covers damages if they are recorded by the driver upon delivery. If the goods are accepted without any noted damage, the transport insurance liability is forfeited.
For businesses: The risk of accidental loss or deterioration transfers to you as soon as we hand the item over to the carrier, freight forwarder, or any other person or company designated to carry out the shipment. A business transaction exists if the invoice is issued to a company.
4. Prices
4.1 Only the prices listed in the online shop at the time of the order apply. The prices include all taxes, including VAT. Additional shipping and/or freight costs apply depending on the order quantity and delivery location. Shipping costs are shown before completing the order.
5. Payment
5.1 By clicking the "Order with Payment Obligation" button, you place a binding order for the goods in the shopping cart. This order must be paid online in advance. Payments can be made via bank transfer, credit card, PayPal, or instant transfer.
6. Retention of Title
6.1 The delivered goods remain the property of MashCamp GmbH until full payment is received.
6.2 For businesses: We retain ownership of the goods until all claims from the ongoing business relationship are fully settled. You may resell or process the goods in the ordinary course of business. The processing or transformation of the goods is carried out for the seller. MashCamp also retains ownership or co-ownership of any new items created through processing or combination. Any claims arising from resale or further processing are assigned to us in advance to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims, but we may collect them ourselves if you fail to meet your payment obligations.
7. Right of Withdrawal
7.1 For Business Customers:
We agree to accept a withdrawal of the order and refund the full purchase price within 5 days. The return must be made within 5 days from the invoice date, in its original packaging, undamaged, and accompanied by the original invoice. Excluded from this are marked promotional offers or clearance items. The refund of the purchase price will be issued as a credit note.
7.2 For Consumers:
Consumers, as defined by the Consumer Protection Act, have the right of withdrawal in accordance with § 11 of the Distance and Off-Premises Transactions Act (FAGG). The withdrawal must be declared within 14 days from the day the goods are received by the customer or a third party other than the carrier. If the purchase contract includes multiple goods, the withdrawal period begins as soon as you or a designated third party have received the last partial shipment, the last item, or the last piece. When calculating this 14-day period, the day of receipt is not included, but Saturdays, Sundays, and public holidays are. To meet the withdrawal deadline, it is sufficient to send the withdrawal declaration in time or to return the goods to:
By mail: MashCamp GmbH
Perfektastrasse 89, Halle 1.5
A – 1230 Vienna, Austria
In-person return during store opening hours:
MashCamp GmbH
Perfektastrasse 89, Halle 1.6
A – 1230 Vienna, Austria
By email: info@ikegger.eu
7.3 Exercise of the Right of Withdrawal:
The withdrawal is deemed to be exercised in due time if the notice of withdrawal is sent to one of the above-mentioned addresses before the withdrawal period expires. A template for exercising the right of withdrawal can be found on our website.
8. Consequences of Withdrawal for Consumers
8.1 Depreciation of Goods:
No compensation is required for a deterioration of the goods resulting from their intended use. Compensation for a possible loss in value must only be paid if this loss in value is due to handling beyond what is necessary to examine the nature, properties, and functionality of the goods. "Examination of the properties and functionality" refers to testing the goods as it would be possible and customary in a retail store.
8.2 Refunds:
Upon withdrawal from the contract, we will refund all payments received, including delivery costs, without undue delay and no later than 14 days from the day we receive the withdrawal notice. The refund will be made using the same payment method as used in the original transaction unless otherwise agreed. No fees will be charged for the refund.
8.3 Withholding Refunds:
We may withhold the refund until we have received the goods back or until proof has been provided that the goods have been returned, whichever is earlier. The goods must be sent back or handed over to a carrier immediately and no later than 14 days from the day the withdrawal was declared. The deadline is met if the goods are sent before the 14-day period expires. The cost of returning the goods is borne exclusively by the consumer.
9. Warranty and Liability
9.1 Liability:
We are liable for damages in accordance with legal regulations, but liability for damages caused by slight negligence is excluded for business customers. This limitation of liability does not apply to damages resulting from injury to life, body, or health, or for claims under the Austrian Product Liability Act. Furthermore, any liability for lost profits and consequential damages is excluded for business customers. Liability is limited to the purchase price. We are not liable for consequential damages, other material damages, financial losses, or claims by third parties.
9.2 Additional Warranties:
Information on any additional warranties and their exact conditions can be found with the product, if applicable.
9.3 User Instructions:
The buyer agrees to carefully observe the operating instructions (if applicable) provided with the product, including all safety precautions. The buyer acknowledges that non-compliance or violation of operating instructions and safety guidelines voids our liability under the Product Liability Act. If the buyer is a business customer, any claims related to damages resulting from the use of our products are excluded to the extent legally permissible.
9.4 Reporting Errors:
Incorrect deliveries or quantity errors must be reported to MashCamp GmbH within the withdrawal period (see section 7.2) via email to info@ikegger.eu. Late complaints cannot be considered.
10. Complaints
10.1 Business Customers:
If you are a business customer under the Austrian Commercial Code (UGB), complaints must be made within 5 days in accordance with § 377 UGB. If this deadline is not met, you lose the right to warranty claims, claims for damages due to defects, and the ability to contest the contract due to an error regarding the defect-free condition of the item. This deadline also applies to complaints about incorrect deliveries or quantity errors.
11. Customer Account
11.1 Account Security:
If a customer account has been created for the order, the account holder is responsible for ensuring that login credentials (username and password) are not accessible to third parties. To prevent account misuse, the password should be changed regularly and not shared with others.
12. Governing Law and Jurisdiction
12.1 Governing Law:
Every order is subject exclusively to Austrian law, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2 Export Transactions:
This applies even in export transactions, regardless of the buyer's country, the intermediary, or the place of conclusion of the contract.
13. Jurisdiction
13.1 Exclusive Jurisdiction:
The exclusive jurisdiction of the Commercial Court of Vienna is hereby agreed upon. If the purchase is made by a consumer under the Consumer Protection Act, the provisions of § 14 of the Consumer Protection Act apply.
15. Online Dispute Resolution
The EU Commission provides an online dispute resolution platform, which can be accessed at the following link:
http://ec.europa.eu/consumers/odr/
Net Orders Checkout
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