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
- 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.
- 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
- 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
- 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.
- 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.
- 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
- 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
- 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
- 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.
- 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
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
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
- 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
- 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.
- 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.
- 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
§ 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
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
End of the withdrawal instruction
§ 10 Guarantee
- 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.
- 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
- The limitation period of claims under warranty for the delivered
goods is two years from receipt of the goods.
§ 11 Limitation of liability
- 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
- 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
- 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).
- 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
- Modifications or extensions to these terms and conditions require
written form. This also applies for the revocation of this written
- The Law of the Republic of Austria applies. Mandatory provisions of
the state, in which you have your habitual residence, remain
- 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.
- 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.