1. Preamble

1.1. WAKO GmbH specializes in the field of 3D design and production, offering various services and goods, particularly in connection with orthopedics, automotive, industry, and architecture.

2. Definitions

2.1. The following definitions apply to these General Terms and Conditions (hereinafter referred to as “GTC”), alongside the definitions specified in parentheses:

• “WAKO” // WAKO GmbH, FN 486679 f, Granitweg 1, 4202 Kirchschlag
• “Website” // www.wako3d.com
• “Online Shop” // www.cekoon.com
• “Goods” // Services and goods offered by WAKO
• “Customer” // Consumers or businesses contracting with WAKO
• “Business Transaction” // Business-related transaction between both contracting parties.
• “Consumer” // As defined by § 1 KSchG (Consumer Protection Act)
• “UGB” // Austrian Commercial Code (Unternehmensgesetzbuch)
• “KSchG” // Consumer Protection Act
• “FAGG” // Distance and Off-Premises Contracts Act (Fern- und Auswärtsgeschäfte-Gesetz)

3. Scope

3.1. These terms and conditions form the basis for all deliveries, services, and offers by WAKO and are binding for all current and future business transactions, even if not explicitly referred to. This includes transactions conducted using one or more means of distance communication.

3.2. (Business Transactions) If the contracting partner of WAKO GmbH has deviating or additional terms and conditions as the basis for its business, these shall only be part of the contract with WAKO if WAKO explicitly confirms this in writing. Any actions by WAKO GmbH in the context of a contractual relationship with a business cannot be considered acceptance of deviating or additional terms and conditions.

3.3. (Business Transactions) These terms and conditions also serve as a framework agreement for all subsequent legal transactions between the contracting parties.

4. Conclusion of Contract

4.1. The presentation of the product range on the website, in the online shop, or in other provided formats (e.g., brochures, folders) does not constitute a binding offer under § 861 ff ABGB but rather an invitation for customers to submit an offer in the form of an order to WAKO.

4.2. This also applies to non-binding request offers from WAKO to customers.

4.3. The illustrations and images used by WAKO on the website, online shop, or other formats are symbolic photos. There may be deviations between the symbolic photos and the goods ordered.

4.4. All product representations on the website, online shop, or other formats are subject to printing, typing, and calculation errors.

4.5. Customers must provide truthful and complete information regarding their first name, last name, company name, email address, phone number, address, and country when placing an order.

4.6. Orders (thus offers to conclude a purchase contract) may be submitted via mail, email, telephone, fax, the online shop, or other communication channels. For orders placed via email or the online shop, the customer receives an order confirmation email detailing the order. This does not constitute acceptance of the offer but merely serves as acknowledgment of receipt.

4.7. Customers are bound by their offers for at least four weeks. If a contract is concluded before this period expires, it extends until the full fulfillment of the purchase contract.

4.8. The contract is concluded following the review of the offer through acceptance by WAKO. Acceptance occurs through the transmission of an order confirmation or invoice by email, fax, or post, or at the latest by delivering the ordered goods to the customer along with the invoice. The order confirmation and invoice list the accepted offers for which a purchase contract has been concluded. Any offers not included in these documents are considered rejected.

4.9. WAKO usually informs the customer if an offer is not accepted. If the customer does not receive this information for any reason, it does not imply tacit acceptance of the contract. Any advance payments made by the customer will be refunded.

4.10. WAKO is not liable for the impossibility of contract fulfillment or the non-acceptance of an offer.

5. Price

5.1. Prices are listed in euros (EUR) and, unless otherwise stated, are exclusive of VAT, ARA fees, customs duties for non-EU countries, and shipping costs.

5.2. WAKO reserves the right to unilaterally adjust prices in the event of material cost fluctuations, tax increases, or exchange rate fluctuations of up to 5%. These changes will be documented upon request. Customers do not have the right to withdraw from the contract in such cases.

6. Payment Terms and Default Interest

6.1. Payment methods for goods and services may vary depending on the destination country. Payments can be made via VISA and Mastercard to the account specified by WAKO. Cash payments require special arrangements.

6.2. Unless otherwise agreed, all invoices, including VAT, must be paid in full to the specified account within 14 days of receipt. Payments must be made in time for WAKO to have access to the funds by the end of the payment period. A payment is considered made only when it has been received in WAKO’s account.

6.3. Discounts require a separate agreement.

6.4. Offsetting claims against WAKO is not permitted without prior agreement.

6.5. In the event of payment default, WAKO is entitled to demand compensation for the actual damages incurred or default interest at the statutory rate. Default interest is 4% per year for consumers and 9.2 percentage points above the base rate for businesses.

6.6. Customers must reimburse WAKO for any dunning and collection costs incurred as a result of payment default. For business transactions, a minimum fee of EUR 40.00 applies under § 458 UGB. Additional damages may be claimed. For consumer transactions, WAKO is entitled to charge the maximum debtor fees for reminders as specified by Austrian regulations.

6.7. In the event of payment default, WAKO is entitled to withhold outstanding deliveries or services or withdraw from the contract after setting an appropriate grace period.

7. Right of Withdrawal for Consumers Under § 11 FAGG

7.1. The provisions of the FAGG apply to customers who qualify as consumers.

7.2. The right of withdrawal under the FAGG applies to contracts concluded outside of WAKO’s business premises, particularly via the online shop, email, or telephone.

7.3. Consumers have the right to withdraw from the contract within 14 days without giving reasons.

7.4. The withdrawal period begins on the day the consumer or a third party (other than the carrier) gains possession of the goods. For multiple goods ordered together but delivered separately, the withdrawal period begins when possession of the last item is gained.

7.5. Withdrawal is excluded for goods specified under § 18 FAGG, particularly for custom-made goods or goods tailored to personal needs.

7.6. Withdrawal must be communicated to WAKO via a clear declaration, e.g., by post, email, or telephone. Customers can also use the withdrawal form available at www.wako3d.com.

7.7. It is sufficient to send the withdrawal declaration within the withdrawal period.

7.8. Upon withdrawal, WAKO will refund payments received, including delivery costs (except additional costs for non-standard delivery methods chosen by the consumer), in exchange for the return of the goods or proof of return. WAKO reserves the right to deduct reasonable compensation for use exceeding inspection of the goods or for diminished value. Consumers in non-EU countries must also reimburse any taxes or customs duties incurred during the return process.

7.9. The consumer bears the return shipping costs. If the goods are not accepted by the consumer, WAKO may deduct the return shipping costs from the refund amount.

8. Delivery Period and Delivery

8.1. Delivery is made ex works. Risk and accidental loss transfer to the customer at the moment the goods are handed over to the carrier.

8.2. Unless advance delivery has been separately agreed upon, WAKO is only obligated to deliver goods after the customer has fulfilled their payment obligations, including any applicable shipping costs. In such cases, the goods will be dispatched 1 to 14 working days after receipt of payment.

8.3. The agreed delivery date or delivery period may be exceeded by WAKO by up to one week. Only after this period has elapsed is the customer entitled to withdraw from the contract after setting an appropriate grace period.

8.4. In exceptional cases, particularly in cases of delivery delays caused by WAKO’s foreign suppliers, the delivery date or delivery period may be exceeded by up to three weeks. WAKO will inform the customer of this delay immediately.

8.5. The place of performance is the company headquarters (currently Granitweg 1, 4202 Kirchschlag).

9. Warranty

9.1. For consumer transactions, mandatory statutory warranty regulations apply.

9.2. (Business Transactions) For defects occurring within the first six months after delivery, the statutory presumption rule, which assumes defects were present at the time of delivery (reversal of the burden of proof), does not apply. In general, the right to warranty expires one year after delivery.

10. Compensation for Damages

10.1. WAKO is only liable for damages in cases of gross negligence or intent. For slight negligence, WAKO is only liable if personal injury occurs.

10.2. (Business Transactions) Liability for damages expires six months after the customer becomes aware of the damage and the liable party.

10.3. WAKO is not liable for indirect damages, lost profits, loss of interest, missed savings, consequential and financial damages, or damages resulting from third-party claims.

10.4. WAKO is also not liable for damages resulting from improper and/or misuse of the goods.

10.5. With respect to prosthetic covers, WAKO only provides the creation and attachment of the cover and does not sell the prosthetic itself. Therefore, WAKO assumes no liability for damages related to the prosthetic. If damages to the prosthetic arise from the attachment of the cover, WAKO is only liable for personal injury and in cases of intentional or grossly negligent actions by WAKO employees.

11. Retention of Title

11.1. All goods are delivered by WAKO under retention of title and remain WAKO’s property until full payment of the purchase price.

11.2. Asserting retention of title does not constitute withdrawal from the contract unless explicitly declared by WAKO. Furthermore, WAKO is entitled to charge transport costs incurred in retrieving the goods.

11.3. In the event of third-party access to the reserved goods, particularly through seizure, the customer is obligated to point out WAKO’s retention of title and immediately inform WAKO of such access. The customer bears full risk for the reserved goods, including the risk of loss, deterioration, or destruction.

11.4. If the delivered goods are not accepted by the customer, WAKO is entitled to store them in its warehouse and charge a storage fee of 0.1% of the gross invoice amount per day.

11.5. If WAKO withdraws from the contract due to acceptance default or other significant reasons, such as payment default, and the customer is at fault, WAKO is entitled to claim damages amounting to 10% of the gross invoice amount or the actual damage incurred.

12. Right of Retention

12.1. (Business Transactions) In the event of justified complaints, the customer is only entitled to withhold an appropriate portion of the gross invoice amount, unless the contract is rescinded.

13. Choice of Law and Jurisdiction

13.1. The contract language is German.

13.2. The contracting parties agree to Austrian domestic jurisdiction and venue. Unless it is a consumer transaction, the court with subject-matter jurisdiction for A-4202 Kirchschlag shall have exclusive local jurisdiction to resolve all disputes arising from this contract.

13.3. Austrian substantive law applies, excluding national and international conflict-of-law rules (e.g., IPRG, EVÜ, ROM I-VO) and the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that mandatory legal provisions of the state in which they have their residence or habitual residence are not restricted.

14. Severability Clause

14.1. Should any provisions of these terms and conditions be legally ineffective, invalid, or void, this shall not affect the legal validity or effectiveness of the remaining provisions. In such a case, the contracting parties are obligated to replace the legally ineffective, invalid, or void provision with one that is legally effective and valid and corresponds as closely as possible to the replaced provision in its economic effect, as far as legally permissible.

15. Data Protection

15.1. The customer consents to the automated storage and processing of their personal data included in the purchase contract or order, such as name, address, and other contact details, by WAKO for the purpose of fulfilling the contract.

16. Final Provisions

16.1. All declarations must be sent in writing to the last written address of the respective other contracting party. The customer is obligated to inform WAKO of any changes to their business or residential address. A declaration sent to the last written address provided shall be deemed received by the respective contracting party.

16.2. The titles of individual sections are solely for organizational purposes and are not to be used for interpreting this contract.