TERMS AND CONDITIONS OF SALE \u2013
WOLT GEAR
Wolt Austria GmbH
Version (updated on [])
1 INTRODUCTION
1.1 The Terms and conditions of Sale (\u201cTerms and Conditions\u201d) apply to the ordering and
delivery of Wolt gear, packaging and other products („Goods“) via our webshop;
www.wolt-store.com\/pol („the Webshop“), offered by Wolt Austria GmbH (registered
seat at Zaunergasse 4-6, 1030 Wien, Austria, ID: FN 596406 v, VAT ID: ATU79047737;
\u201cWolt\u201d, \u201cus\u201d,\u201dwe\u201d), to Wolt partners as our customers („the Customer“ or „you“).
1.2 The Webshop is not available for consumers. As such, if you are a consumer,
you may not order Goods through the Webshop. The Webshop is available
for the merchant (restaurant and retail) and delivery service provider
business partners of Wolt. Access to the Webshop is granted via the
receiving a custom invitation.
1.3 Some types of Goods, e.g. Wolt gear, may be offered as second-hand meaning Goods
which have been previously used. If this is the case, the Goods will be described as
second-hand in the description hereof on the Webshop.
1.4 Any changes to the Terms and Conditions require the written consent from Wolt, and
we do not accept differing or conflicting terms and conditions of the Customer, even if
the Customer draws our attention to said differing terms and conditions.
1.5 When purchasing Goods through the Webshop, the purchase agreement is entered
between Wolt and you as a business-to-business entity or any person acting in a
business capacity (such as individual contractors or self-employed entrepreneurs)
1.6 For the purpose of ordering Goods, Customer must register with name, telephone
number and email address, as well as a delivery address. Customer is responsible for
ensuring that the registered data is correct.
1.7 Customers must make sure to prevent unauthorised access to the device used to
place orders and\/or the data needed to purchase Goods through the Webshop.
Customers will be liable for any and all transactions made using their data, unless
caused by a failure on the side of Wolt.
1.8 Customers must not (i) use or attempt to use another person\u2019s data for purchasing
Goods; (ii) purchase Goods using a false identity or the identity of another legal
person; or (iii) access the Webshop in any other manner than via the access methods
provided by Wolt.
1.9 Customers agree to immediately inform Wolt if they find out or suspect that their data
has been subject to unauthorised use.<\/p>\n\n\n\n
<\/p>\n\n\n\n
1.10 Wolt will endeavor to ensure that the Webshop is available at all times but assumes no
liability for the permanent availability of the Webshop and the possibility to use the
Webshop unrestricted and uninterrupted.
2 CONCLUSION OF CONTRACTS
2.1 The Webshop displays a selection of Goods offered to the Customer. When the
Customer has placed an order through the Webshop, the Customer is bound by the
order. Upon Wolt\u2019s written confirmation of the order („the Order Confirmation“) a
binding purchase agreement („Purchase Agreement“) has been entered.
2.2 The Purchase Agreement only covers the Goods listed in the Order Confirmation.
2.3 The Customer cannot cancel or modify Purchase Agreements.
2.4 In the event of discontinued or unavailability of Goods covered by a Purchase
Agreement (i.e., the Goods listed in the Order Confirmation), Wolt will inform the
Customer accordingly without undue delay and discuss the possibility of supplying
replacement Goods. If this is not possible, or at the Customer’s request, Wolt will
refund the purchase price already paid for the Goods in question via the same
payment method the Customer used to pay for them.
2.5 Goods ordered through the Webshop will remain Wolt’s property until paid for in full.
2.6 Goods ordered by using the deposit model, as referred in section 4.4, will remain
Wolt\u2019s property through the whole period of use. The deposited amount will be
refunded to the customer once the goods are returned to Wolt.
2.7 Wolt reserves the right to limit or cancel quantities ordered by the Customer in
connection with the Order Confirmation.
2.8 Purchase Agreements will be concluded in German and Wolt will store Purchase
Agreements electronically in our systems.<\/p>\n\n\n\n
<\/p>\n\n\n\n
3 DELIVERY
3.1 Orders are processed and shipped in accordance with the terms as set out on:
https:\/\/wolt.demonstrer.es\/pol\/shipment\/
3.2 The Goods shall be delivered to the delivery address specified by the Customer in the
shipping method. Unless otherwise expressly agreed in writing, Wolt shall bear the
costs for freight (freight charges).
3.3 The Customer is obligated to choose a delivery option at checkout. If only one option
is available, this option is \u201cstandard delivery\u201d. If the Customer is not available at the
agreed time of delivery, the Goods will be returned to the freight central. Thereafter, a
new delivery will be carried out at the time and date communicated by Wolt. If the
Customer is not available for delivery the second time, the Goods will be delivered
back to Wolt. A new time of delivery may be agreed upon Customer\u2019s initiative and at
Customer’s expense.
3.4 Unless otherwise expressly agreed in writing, Wolt is not obliged to deliver the Goods
on a specific date.
3.5 Wolt does not give any warranties as to the exact time of delivery but will always
endeavor to deliver as soon as possible and within any estimated delivery times.
3.6 Partial delivery may take place at Wolt\u2019s discretion.
3.7 In the event of the inability to deliver due to circumstances caused by Customer,
including but not limited to circumstances for which Customer is responsible,
Customer shall bear the total costs incurred by Wolt for the delivery and handling of
the Goods (this also applies to a second delivery according to clause 3.3).
4 PRICES
4.1 The prices of Goods available for purchase are displayed on the Webshop.
4.2 Customers will be able to see the total value of the Goods in the basket as well as in
the order summary displayed before the order is placed.
4.3 Customers will pay the then-current price for the ordered Goods at the time that the
Customer places the order. Consequently, any subsequent price adjustment for the
Goods in question will not affect the price payable by the Customer.
4.4 Wolt may adjust its prices at any time at its own discretion.
5 TERMS OF PAYMENT
5.1 All prices are stated and will be invoiced in the currency stated in the order
confirmation inclusive of VAT, customs duties, and costs for delivery, as well as any
other taxes or charges imposed by Austrian tax legislation that are applicable to the
sale of the products. Any such additional costs will be clearly stated in the invoice.
5.2 Customers must pay the purchase price for the ordered Goods and the delivery
charge directly as part of placing an order.<\/p>\n\n\n\n
5.3 Payment can be made by credit card Mastercard, Visa Card, Google Pay and Apple Pay
or comparable as indicated in the Webshop.
5.4 Each party is responsible for its own compliance with prevailing applicable law and
regulations concerning VAT and other taxes\/duties.
6 CUSTOMER’S RIGHTS IN THE EVENT OF DEFECTS ETC.
6.1 Wolt will be liable in accordance with applicable statutory Austrian law for product and
legal defects to ordered goods. Consequently, the provisions around remedies for
defects under the Austrian Civil Code and the Austrian Commercial Code will apply to
your purchase, if nothing else is stated in these Terms and Conditions. Any claims
Customers may have to damages for defects will be subject to the restrictions set out
in section 7 of these Terms and Conditions.
6.2 For second-hand goods, no warranty is provided.
6.3 For second-hand goods, Wolt will not be liable for defects to ordered goods that were
known to the customer at the time of sale or fall under the normal wear and tear of
used goods.
6.4 The Customer must examine the Goods without undue delay from the time of
delivery. If the Customer discovers visible damage upon delivery, this must be noted
on the consignment note and Wolt must be informed immediately in writing.
6.5 The claim must be reported to Wolt by Customer no later than 7 days from the time of
delivery.
6.6 Wolt’s liability for defects shall cease if Wolt does not receive the Customer’s written
notice thereof without undue delay after the defect was discovered or should have
been discovered and, in any case, no later than 7 days from the time of delivery, cf.
above.
6.7 Wolt is not liable for claims that have occurred as a result of normal wear and tear,
incorrect use of the Goods, incorrect fitting carried out by Customer or Customer\u2019s
attempts to change or repair the Goods.
6.8 If you wish to make a claim for product or legal defects, please contact us via email by
support@wolt.com. All claims must be specific, documented and contain a precise
description of the defect and the content of the claim. To assist us in processing
claims, please send a photograph of the defective Good(s) and\/or other relevant
documentation along with the claim.
6.9 Goods that are claimed to be defective, cannot be returned without prior written
consent from Wolt.
6.10 Corrective measures
6.10.1 Defects may at the sole discretion of Wolt be remedied by remediation or
replacement. Any other claims of the Customer are excluded.
6.10.2 Remedy includes taking reasonable corrective measures to remedy a defect and
ensuring the restoration of the Goods.<\/p>\n\n\n\n
<\/p>\n\n\n\n
6.10.3 If the defect cannot be remedied without undue delay, Wolt will refund to the
Customer the purchase price paid for the goods in question via the same payment
method the Customer used to pay for them.
7 LIMITATION OF LIABILITY
7.1 Wolt’s liability towards the Customers is excluded to the widest extent possible,
subject to any statutory liability obligations, including product liability, under Austrian
law.
7.2 Subject to the foregoing, Wolt will in no event be liable for any indirect or
consequential damages or losses incurred by Customers, including but not limited to
Costumer\u2019s lost profits or revenues, anticipated revenues, savings, operating loss,
loss of goodwill, business interruption, diminished business value or loss of data.
7.2.1 In no event can Wolt be liable for any delay of any kind in the delivery of Goods to
Customer.
7.3 Wolt’s liability towards the Customer will in all cases be limited to the total amount of
the order out of which the damages or losses have arisen.
8 USE OF SUB-SUPPLIERS OR THIRD PARTY-SUPPLIERS
8.1 Wolt is free to use sub-suppliers or third party-suppliers in the delivery of the Goods.
8.2 Wolt is directly responsible for the Goods delivered by a sub-supplier as if the Goods
were delivered by Wolt itself.
9 RECALL OF GOODS
9.1 If, unexpectedly, there should be cases where commercial, safety or regulatory
considerations entail that Goods must be recalled from the market, Customer is
obliged to assist the Wolt with such a recall.
9.2 Unless the revocation is due to Customer’s circumstances, Wolt shall bear reasonable
expenses in relation to the revocation.
10 FORCE MAJEURE
10.1 Wolt is in no event in breach of any obligation to the extent and for the duration
prevented from performing the obligation due to a force majeure event.
10.2 Force majeure events include acts of God, war, mobilization, breakdown of
telecommunication\/Customer\u2019s infrastructure that are not provided by Wolt, external
security events (e.g. hacker attacks, attack by computer viruses or other third-party
destructive behaviour) and similar conditions, health and safety restrictions and
recommendations issued by public authorities, pandemics, epidemics, natural
disaster, strikes, lock-out, fire, damages to production plant, freight restrictions,
import and export regulations, energy shortages and delays by sub-suppliers or<\/p>\n\n\n\n
<\/p>\n\n\n\n
vicarious agents and other unforeseeable circumstances beyond the control of the
Party concerned.
11 CUSTOMER\u2019S PERSONAL DATA
11.1 Wolt processes the data via the website in accordance with the relevant statutory
provisions, in particular the General Data Protection Regulation and the Austrian Data
Protection Act. You can find the details on the handling of this data in Wolt’s privacy
policy available under https:\/\/wolt-store.com\/pol\/privacy-policy\/
12 INTELLECTUAL PROPERTY RIGHTS
12.1 All Intellectual Property Rights in or related to Wolt or the Webshop and thereto
related documentation and all parts and copies thereof shall remain exclusively
vested with and be the sole and exclusive property of Wolt and\/or its
affiliates\/subcontractors\/licensors. \u201cIntellectual Property Rights\u201d shall mean
copyrights and related rights (including database and catalogue rights and
photography rights), patents, utility models, design rights, trademarks, tradenames,
trade secrets, know-how and any other form of registered or unregistered intellectual
property rights.
12.2 These Terms and Conditions do not grant the Customer any Intellectual Property
Rights in Wolt or the Webshop and all rights not expressly granted hereunder are
reserved by Wolt and its affiliates\/subcontractors\/licensors. However, Customer has
the limited right to use the gear for the intended purpose, while it may carry the Wolt
brand related solely for the Gear and for the duration of use.
13 FINAL PROVISIONS
13.1 If one or more provisions of these Terms and Conditions are deemed invalid or voided,
such provisions shall nonetheless be enforceable to the fullest extent permitted by
applicable law and shall not affect the validity of the remaining provisions set out
herein.
13.2 Wolt may use subcontractors and may at any time transfer its rights and obligations
under these Terms and Conditions and any existing contract with the Customer in part
or in full without the Customer’s consent.
13.3 Wolt is entitled to adjust and amend the Terms and Conditions from time to time
without further notice with effect for the future.
13.4 An updated version of the Terms and Conditions is always available on Wolt\u2019s website
and otherwise upon request. Customer is obliged to keep itself up to date with the
current version.
14 GOVERNING LAW AND DISPUTES
14.1 These Terms and Conditions are governed by and construed in accordance with
Austrian law, except for (a) any rules leading to the application of other legislation<\/p>\n\n\n\n
<\/p>\n\n\n\n
than Austrian and (b) the United Nations Convention on Contracts for the International
Sale of Goods (CISG).
14.2 Any dispute and claim arising from or in relation to these Terms and Conditions
including disputes concerning the existence or validity of the Terms and Conditions,
shall, be settled exclusively by a competent court at Wolt\u2019s registered seat.<\/p>\n","protected":false},"excerpt":{"rendered":"
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