Terms of service
TERMS OF SERVICE (AGB) – Virality Store
OVERVIEW
This website is operated by ODY Technologies e.U. (hereinafter referred to as “Virality Store”, “we”, “us” or “our”). We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
SECTION 1 - CONCLUSION OF CONTRACT
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. By clicking the "Buy Now" or "Complete Purchase" button, you place a binding order for the goods in the shopping cart.
The purchase contract is concluded when we accept your order by sending an order confirmation via email immediately after receiving your order.
SECTION 2 - ELIGIBILITY
By agreeing to these Terms of Service, you represent that you are at least 18 years of age (age of majority in Austria).
SECTION 3 - PRODUCTS AND PRICES
All prices are displayed in Euro (€) and include the statutory Austrian value-added tax (VAT/USt). Shipping costs are charged separately and are clearly indicated during the ordering process.
We have made every effort to display the colors and images of our products as accurately as possible. However, as our products (e.g., Resin figures) are often hand-painted, slight variations in color and finish are a sign of craftsmanship and do not constitute a defect.
SECTION 4 - SPECIAL CONDITION FOR BLIND BOXES
For products sold as "Blind Boxes" or "Mystery Items," the customer acknowledges that the specific value of the product lies in its sealed and random nature.
In the event of a withdrawal (return), opening the factory seal or the internal packaging leads to a significant loss of value (typically 80% of the purchase price), as the product can no longer be sold as a "New/Sealed Blind Box." We reserve the right to deduct this loss of value from any refund.
SECTION 5 - SHIPPING AND TRANSFER OF RISK
In accordance with § 7b KSchG (Austrian Consumer Protection Act), the risk of loss or damage to the goods passes to the consumer only when the goods are delivered to the consumer or to a third party designated by the consumer (other than the carrier).
Delivery times are estimates. We will inform you immediately of any unexpected delays.
SECTION 6 - RIGHT OF WITHDRAWAL (REFUND POLICY)
Consumers have a statutory right to withdraw from this contract within 14 days without giving any reason. Details on the withdrawal process, deadlines, and exceptions (e.g., personalized items) can be found in our separate Refund Policy.
SECTION 7 - STATUTORY WARRANTY (GEWÄHRLEISTUNG)
The statutory warranty regulations of Austria apply. The warranty period is 24 months for new goods. If a product is defective, you have the right to request a repair or replacement. If these are not possible or involve disproportionate effort, you may request a price reduction or, in the case of significant defects, the cancellation of the contract.
SECTION 8 - LIMITATION OF LIABILITY
Virality Store is liable for damages according to statutory provisions. However, liability for damages caused by slight negligence is excluded (except for personal injury). This limitation also applies to our employees, representatives, and vicarious agents.
Liability for loss of profit or indirect damages is excluded to the extent permitted by law.
SECTION 9 - INTELLECTUAL PROPERTY
All content provided on this website, including but not limited to text, graphics, logos, images, and software, is the property of ODY Technologies e.U. or its content suppliers and is protected by copyright laws. Any use, including reproduction or modification, without our prior written consent is strictly prohibited.
SECTION 10 - ERRORS AND INACCURACIES
Occasionally there may be information on our site that contains typographical errors or inaccuracies related to product descriptions, pricing, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 11 - PROHIBITED USES
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to upload or transmit viruses or any other type of malicious code.
SECTION 12 - GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers within the EU, the mandatory consumer protection provisions of the country in which the consumer has their habitual residence shall also apply.
The competent court at the registered office of ODY Technologies e.U. shall have jurisdiction, unless the consumer has a place of residence or habitual abode in Austria or is employed in Austria; in such a case, the court in whose district the consumer resides or is employed shall have jurisdiction.
SECTION 13 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Virality Store
Owned by: ODY Technologies e.U.
Kapelläcker 7g
6070 Ampass
Austria
Email: contact@virality.at