Terms of service
- scope of application
1.1 The following terms and conditions apply to all orders placed by a customer through the web store of the company Spike Studios eU (hereinafter referred to as "Spike").
- Conclusion of the contract
2.1 The contract through the web store is made in several steps, and at the end of the ordering process you will once again see a list of the ordered goods and the total price (including all additional costs). Until then you also have the possibility to change your order as well as to correct input errors. Only by clicking the button “Complete order” you place a legally binding order.
2.2 It is noted that the aforementioned order represents an offer on the part of the customer, whereas the advertising of the goods on our homepage does not yet represent a binding offer.
2.3 As soon as an order of the customer is received, its receipt is confirmed by an automated e-mail. This does not constitute an acceptance of the customer’s offer.
2.4 The acceptance of the contract is made by an explicit declaration of acceptance or by sending the goods. This shall be done within a reasonable period of time not exceeding seven days. Within this period the customer is bound to his offer
2.5 If we do not meet the offer of a customer, we will make every effort to inform the customer of this as soon as possible. In particular, it may happen that ordered goods are out of stock in the meantime or are not available for other reasons.
- Contract storage
3.1 The contract shall be stored electronically by Spike. At the latest with the delivery of ordered goods, the customer receives a confirmation of the contract on a durable medium (e-mail).
4 Prices, Payment & Default of Payment
4.1 In case of doubt, prices stated in the web store are inclusive of all taxes including VAT. Shipping costs and other fees to be paid by Spike may be added to the stated prices. In any case, the customer shall be informed of the total price and its composition immediately before the order process is completed.
4.2 In case of delivery to a non-EEA country, the consumer shall bear all import and export charges, as well as all customs duties, fees and charges related to the delivery.
4.3 Payment of the purchase price shall be due immediately upon conclusion of the contract.
4.4 If the customer is in arrears with a payment, we are entitled to charge interest on arrears in the amount of 5% for the period of arrears
4.5 In addition, in the event of default, we shall charge the customer for those costs that were necessary for the appropriate legal prosecution on our part (in particular, collection or attorney’s fees). In any case, we charge at least a flat processing fee of EUR 40.00 per case of default.
- Delivery Terms & Deadlines, Retention of Title
5.1 The shipping costs shall be borne by the customer. The amount of shipping costs is itemized during the ordering process.
5.2 The goods will be delivered only after full payment has been received. Bank transactions may take several days (approximate value: 1 to 3 days) depending on the method of transfer.
5.3 After receipt of payment, Spike shall deliver the goods to the consumer within a period of 30 days.
5.4 In the event that goods have been delivered without prior full payment, they shall be subject to Spike’s retention of title until the purchase price has been paid in full. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract as long as Spike does not explicitly declare such a withdrawal.
6 Warranty, Guarantees & Liability
6.1 It is reminded that legal warranty claims may exist in case of purchase of goods, whereas their scope results from the law and is not limited by these GTC (cf. esp. §§ 922 ff. ABGB i.V.m. § 9 Abs. 1 KSchG).
6.2 To assert warranty claims, the customer may contact the following address: Spike Studios eU, Löwengasse 18/2, 1030 Vienna, spike@spikeartmagazine.com. Spike will promptly investigate complaints, whereby the customer is obliged to send the allegedly defective goods to Spike at its request. The related costs shall be borne by Spike, provided that the customer's complaint was justified.
6.3 Spike shall not be liable for damages caused by slight negligence.
- Withdrawal/Cancellation policy
7.1 You can obtain more detailed information on any right of withdrawal or revocation by clicking on the following link: Cancellation Policy.
All contracts and agreements between Spike and the customer shall be governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods. Deviations apply if mandatory consumer protection regulations provide for this.
With regard to the place of jurisdiction, the competent court at the registered office of Spike shall be agreed upon as locally competent. Deviations from this shall apply if mandatory consumer protection regulations provide for this.
- Severability Clause
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the legally permissible provision that most closely reflects the purpose of the invalid provision shall apply. Deviations from the above shall apply to consumers if mandatory statutory provisions conflict with such a reduction that preserves the validity of the provision.