This text shall be governed by and construed in accordance with the laws of Austria. The English version of this text serves only for information and is not part of this legal transaction. Therefore, in the event of any inconsistency between the German and the English version, only the German version shall apply.

§ 1 Scope

1. For the business relationship between WKV, the operating company, and the customer, the following general terms and conditions apply exclusively in the version valid at the time of placement of order. WKV is the trading name of WKV prepaid GmbH.
2. These terms and conditions include the conditions exclusively applicable between you and us, the company WKV prepaid GmbH, Riemerschmidgasse 9, 2344 Maria Enzerdorf, Austria, represented by our managing director Mr. Frank Breuss (see imprint), insofar as these are not modified by written agreements between the parties. We are your contractual partner. With your registration in accordance with § 2 and with each log-in to our Homepage, you acknowledge these terms and conditions in their valid version as solely decisive.
3. Modifications to these terms and conditions are communicated to you in writing, by fax or by e-mail. If you do not object to this change within four weeks of receipt of notification, these changes are considered to be approved by you. In the case of modification to the terms and conditions, you will still be separately informed about your right to object and the legal consequences of remaining silent.

§ 2 Registration as a User

1. Your registration to our trading system takes place cost free. A claim for admission to our trading system does not exist. Only persons of full legal capacity are eligible. You are required to send us a copy of your personal identification at our request. In order to be admitted, you need to fill out the electronic registration form available on our website and send this to us. You must give the information necessary for registration fully and truthfully. Upon registration you will be asked to choose a personal username and password. The username must neither violate the rights of third parties nor any laws relating to the use of names or brands or good morals. You are obligated to keep the password secret and to not give this to any third party under any circumstances.
2. Apart from the declaration of your consent to the validity of these general terms and conditions, your registration is not linked to any other obligations. You can delete your entry at any time. Only with registration with us does there exist no obligation to purchase with regards to the goods offered by us.
3. Insofar as your personal information changes, you are solely responsible for updating these. All modifications can be carried out online after registration by going to the “My Account” section.

§ 2a Duties and Obligations of the user

• As a user, you ensure that you are entitled to use the relevant payment method at the time of payment.
• You are to notify WKV immediately in the case of recognisable defects and faults in the WKV system.
• Your username and password with WKV must only be used by you and are not transferrable.
• Print out your prepaid voucher directly after receiving it and store it in a safe and secure place.
• Keep your password secret and ensure that it is not accessible to third parties. You are obligated to inform WKV prepaid GmbH immediately should you suspect improper use of your account.
• Your prepaid voucher must not be used for offers whose content breaches valid laws.
• In the case of an infringement of the aforementioned obligations or a dispute about the payment with WKV or other obstacles upon collection of payments, WKV is entitled to block access temporarily and completely to the WKV online system with immediate effect. The user must compensate WKV for any damages resulting from violating obligations and must exempt WKV of all detriments which result from his/her damaging actions.

§ 3 Conclusion of Contract

1. The presentation of our goods does not constitute a binding offer on our part. Only the order of goods by you is a binding offer in accordance with § 145 of the German Civil Code. When you place an order with WKV, we confirm receipt of your order and its particularities by e-mail (order confirmation). This order confirmation does not constitute acceptance of your offer, but should simply inform you that your order has been received by us. A purchase contract is then created when we confirm this by e-mail (contract confirmation). In the case that we send the ordered product directly to you, you will only receive the shipping confirmation. In this case that the contract conclusion takes place with the shipment of the goods. No purchase contract will be created for products from one order which are not listed in the shipment confirmation. The contract is created with WKV prepaid GmbH, Riemerschmidgasse 9 in 2344 Maria Enzersdorf, Austria.
2. WKV offers products for sale by minors. Our products for minors can also only be purchased by persons of full legal capacity.

§ 4 Conditions of Payment

1. The purchase price is due immediately upon order. The payment of the goods takes place after choosing your method of payment: credit card; the payment procedure made available by us, such as giropay; online transfer; or similar (we use the transmission method “SSL” to encode your personal information) as well as by way of a bank transfer. WKV reserves the right to limit the collection risk by making available to each customer the individual choice of payment procedure.
2. Payment by credit card, direct debit as well as online/SOFORT Banking is only possible for consumers who are over 18. The given house address must match the record for the card account which is made available by the bank which issued the card.
   
   For new customers, there is a ceiling of 100.00 EUR, which is the limit for purchase by credit card on the first day. This limit applies for the entire customer account with WKV. From the following day, the amount of the order is limited to 400 EUR – in the first four months, it is limited to 1500 EUR altogether.
   
   In the case of a rescission of payment and/or an attempt to rescind payment via the card-issuing institute, the corresponding credit card is blocked in the system and no further purchases are possible until clarification of the incident has been given. In the event of a rescission of payment or an attempt to rescind payment in the case of verifiably delivered goods (e.g. virtual PIN), we will charge a handling fee to the amount of 50 EUR per rescission of payment (Chargeback).
   
   Furthermore, WKV reserves the right to press charges in regard to fraud with the relevant authorities (including abroad), in collaboration with the respective provider of the payment system. In the case of payment by credit card, WKV checks and assesses the purchaser information and, if justified, maintains a data exchange with other companies and credit agencies.
   
   The customer has the option to block his credit card from further debiting in the system at any time.
   
   Purchasers, who are not registered in Germany have to present a copy of their official photo identification, their credit card and the signed payment authorisation form in order to become legitimate. The owner of the credit card and the documents must be identical. The delivery of goods only takes place after receipt and verification of the documents by WKV.
3. WKV is entitled to modify the method of payment at any time.

§ 5a of the Special Conditions in the case of payment by SOFORT Banking

The operator of the SOFORT Banking service, Payment Network AG, has taken out insurance in its favour which compensates damages from improper use in accordance with the conditions of the insurance given under this link. As part of the scope of the insurance, this should protect them from any liability risks. In this context, we would like to point out that there are a large amount of banks and savings banks which assume that the use of the SOFORT Banking service due to the use of your PIN and TAN leads to a liability transfer in the case of any improper use by third parties. This can lead to your bank refusing to accept the damages in the case of improper use and consequently you have to bear these damages personally. It is however to be noted that to date no improper use has taken place with the SOFORT Banking service (German Technical Inspection Association – certified online payment system). In addition to this, there exists the aforementioned insurance cover.

§ 5b Offset, Retention

The right to offset is only permitted to the purchaser when his counterclaims are determined as legally valid and recognised by WKV. Furthermore, he is only authorised to exercise the right of retention insofar as his counterclaim affects the same contractual relationship.

§ 1 Scope

§ 6 Retention of title

The goods remain our property until complete payment has been effected. If you fall more than 10 days behind with the payment, we have the right to withdraw from the contract and claim back the goods.

§ 7 Conditions of delivery

1. We deliver the goods in accordance with the agreements made with you. Any occurring shipment costs are listed in the product description and are shown separately on the invoice. We would like to point out that in the case of shipment abroad, potentially higher shipping costs, duties and fees or similar may be incurred. The delivery of our goods takes place within two working days after receipt of the payment.
2. Insofar as we do not provide delivery of the goods in accordance with the contract or at all, you must give us an extended period of two weeks in which to carry out the delivery. Otherwise, you are not entitled to withdraw from the contract.
3. In the case that the WKV supplier does not supply WKV with the ordered goods, in spite of contractual obligations from WKV, WKV is entitled to withdraw from the contract. In this case, the purchaser will be immediately informed that the ordered product is not available. The purchase price, which has already been paid, will be reimbursed without delay.

§ 8 Right of Withdrawal for Customers

Instructions for Withdrawal

Right of Withdrawal

You can withdraw your contractual declaration within 7 working days (whereby Saturday does not count as a working day) in text form (e.g. letter, fax, e-mail) without giving a reason or – if the item is delivered to your before the deadline – by returning the item. The time period begins after receipt of this instruction in text form, however not before receipt of the goods at the recipient’s premises (in the case of recurring delivery of the same type of goods not before receipt of the first part delivery) and also not before fulfilment of your information obligations in accordance with Article 246 § 2 in connection with § 1 Paragraph 1 and 2 of the German Introductory Law to the Civil Code (EGBGB) as well as our obligations in accordance with § 312e Paragraph 1 Clause 1 of the German Civil Code in connection with Article 246 § 3 of the EGBGB. Timely dispatch of the withdrawal or of the item is sufficient to observe the withdrawal deadline. The withdrawal is to be directed to:

WKV prepaid GmbH, Riemerschmidgasse 9, 2344 Maria Enzersdorf, Österreich
support@wkv.com

Consequences of withdrawal

In the case of an effective withdrawal, the services received by both parties are to be returned and, if necessary, any benefits (for example interest) are to be surrendered. If you are not able to return the service received in whole or in part or only in a deteriorated condition, you may are obliged to pay an indemnification. In the case of relinquishment of goods, this does not apply if the deterioration of the item can be exclusively attributed to its testing – as may have been possible at some point in the retail shop. In general, you can avoid the obligation to pay an indemnification for deterioration resulting from intended use of an item by not making proprietary use of the item and refraining from anything which may compromise the value of the item. Items, which can be shipped in parcels, are to be returned at our risk. You have to bear the cost of the return if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed 40 Euros or if, in the case of a higher price of the item, you have still not rendered the return or a contractually agreed part payment at the time of the withdrawal. Otherwise, the return shipment is cost free for you. Items, which cannot be shipped in parcels, are to be collected by you. Obligations for the reimbursement of payments must be fulfilled within 30 days. The time period begins for you with the dispatch of your withdrawal declaration or of the item, and for us this begins with the receipt of these.

End of the withdrawal instruction

§ 10 Guarantee

1. Information, designs, illustrations, technical information, weight, measurement and performance descriptions which are contained in prospectuses, catalogues, newsletters, advertisements and price lists have a purely informational character. We accept no responsibility for the correctness of this information. With regard to the type and scope of the delivery, only the information contained in the contract confirmation is decisive.
2. Insofar as there exists a defect which falls under warranty, you are entitled in the context of legal provisions to demand supplementary performance, to withdraw from the contract or to reduce the purchase price.
3. The limitation period of claims under warranty for the delivered goods is two years from receipt of the goods.

§ 11 Limitation of liability

1. For any damages other than those resulting from damage to life, limb and health, we are only liable insofar as these are attributable to intentional or grossly negligent action or to culpable violation of a fundamental contractual obligation by us or our subcontractors (e.g. the delivery service). Further liability for damage compensation is excluded. The provisions of the German Product Liability Law remain unaffected.
2. Data communication over the internet cannot be guaranteed to be free of defect and/or available at any time in accordance with the current state of the art. We are therefore liable neither for constant and uninterrupted availability of our online trading system nor for technical and electronic errors during a sales function, over which we have no influence, in particular not for delayed processing or acceptance of offers.

§ 12 Involving third parties

1. WKV is entitled to involve third parties for the fulfilment of its obligations resulting from this contract. In particular, outsourcing can take place for the processing of contractual data in accordance with § 11 of the German Federal Data Protection Law (BDSG).
2. WKV is further entitled to transfer laws and obligations from this contract, in whole or in part, to a company associated with WKV in the sense of § 228 of the Austrian Commercial Code (UGB).

§ 13 Final Provisions

1. Modifications or extensions to these terms and conditions require written form. This also applies for the revocation of this written form requirement.
2. The Law of the Republic of Austria applies. Mandatory provisions of the state, in which you have your habitual residence, remain unaffected.
3. If you have no general court of jurisdiction within your country or within an EU member state or, after the conclusion of the contract, your residence abroad is outside of the EU or your residence is not known at the time that the action is filed, then the court of jurisdiction for all legal disputes is the residence of our company in Maria Enzersdorf, Austria.
4. Should individual provisions of this contract be ineffective or contradict the legal regulations, then the contract is not affected by this in general. The ineffective provision is replaced by the contractual parties by mutual consent with a provision which comes closest to the economic sense and purpose of the ineffective provision in a legally effective way. The above regulation applies as compliant in the case of loopholes.