General Terms and Conditions (GTC)

Status of the GTC: September 20, 2026

1. General

These General Terms and Conditions ("GTC") apply to orders, sales and deliveries of products ("Products") offered and distributed in this webshop ("Webshop") via the website www.TongueOut.at.

1.1. The contract language is English.

2. Scope of application

2.1. These GTC apply if the buyer is a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz KSchG) ("Customer").

3. Amendments to the GTC

3.1. The Provider reserves the right to amend these GTC. For the sale of Products, the GTC in effect at the time the contract is concluded shall apply.

4. Order and confirmation

4.1. The ordering process involves the following steps:

  1. Selection of the desired goods.
  2. Placing the goods in the shopping cart.
  3. Entry of personal data.
  4. Selection of payment and shipping method.
  5. Re-examination and, if necessary, correction of the order.
  6. Binding submission of the order by clicking "Pay Now".

4.2. The products and price descriptions displayed in the Webshop represent an invitation to submit a binding offer. By clicking "Pay Now", the Customer submits a binding order. Illustrations and drawings serve as approximate values unless explicitly stated otherwise.

4.3. The Provider will promptly send an email confirming receipt of the order. This confirmation does not constitute acceptance; it merely confirms receipt.

4.4. Acceptance occurs at different times depending on the payment method: by order confirmation, by shipping the goods or by transmitting a request for payment.

4.5. The Customer must ensure that all information provided for the order, especially shipping information, is accurate and up to date.

4.6. Following the conclusion of the contract, the Provider shall send the Customer an electronic invoice.

5. Payment terms

5.1. All listed prices are in Euros including statutory VAT, but excluding shipping costs unless stated otherwise.

5.2. Payment can be made using Credit Card, Apple Pay, PayPal, Google Pay or Shop Pay.

5.3. Shipping costs depend on the order and are shown before the order is placed and in the order confirmation.

6. Delivery

6.1. The shipping methods specified in the Webshop are available to the Customer.

6.2. Unless a different delivery date is specified, delivery shall take a maximum of 30 days from the conclusion of the contract.

6.3. In cases of force majeure, labour disputes or other events beyond the Provider's control, the delivery date shall be reasonably extended.

6.4. If the Customer defaults on accepting the Products, the statutory warranty period shall begin to run.

7. Retention of title

7.1. The Provider retains ownership of the Products until full payment of the purchase price and ancillary costs has been made.

8. Default by the Provider

8.1. If the Provider is in default of performance, the Customer must first request performance within a reasonable grace period of two weeks. If the Provider does not perform, the Customer may withdraw from the contract or continue to demand performance.

9. Warranty

9.1. Markus Pojar provides a warranty within the scope of statutory provisions. For complaints, please contact makidudel@gmail.com.

9.2. The Provider may request that defective Products be returned where feasible. In this case, the Provider shall bear the transport risk and return shipping cost.

10. Liability and damages

10.1. The Provider's liability for damage caused by slight negligence, except for personal injury and primary contractual obligations, is excluded. These limitations do not apply in cases of gross negligence or intent.

11. General provisions

11.1. Austrian law shall apply exclusively, to the exclusion of the UN Sales Convention (CISG), unless mandatory law provides otherwise.

11.2. For consumers, this choice of law applies only to the extent that it does not deprive them of mandatory consumer protection in their country of habitual residence.

11.3. The Customer may only set off claims against claims of the Provider if the claims are legally related, recognized or established by a court.

11.4. The Customer must notify the Provider of any changes to their address. Declarations sent to the last known address shall otherwise be deemed received.

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