Terms of service

Scope
These General Terms and Conditions apply to the sale of goods by Khaos Designs OG, Ragnitzstraße 198b, 8047 Graz, Austria (hereinafter referred to as "we" or "us") to the customer (hereinafter referred to as "customer" or "you") in our online shop operating under the business name: Wild Spirit Apparel (www.wildspiritapparel.com).Any terms and conditions of the customer that deviate from and/or go beyond these General Terms and Conditions shall not become part of the contract.

Distinction between entrepreneurs and consumers
Some provisions of these General Terms and Conditions do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is expressly indicated at the relevant point in these General Terms and Conditions.

A "consumer" within the meaning of these General Terms and Conditions is, in accordance with the legal definition in § 13 BGB (German Civil Code), any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

"Entrepreneurs" within the meaning of these General Terms and Conditions are, in accordance with the legal definition in § 14 BGB (German Civil Code), natural and legal persons or partnerships with legal capacity who, when entering into a legal transaction, act in the exercise of their commercial or self-employed professional activity.

Customer account
To make using the online shop more convenient, you have the option of opening a customer account. You are obliged to treat your access data, such as your password, confidentially and to inform us immediately in the event of loss or unauthorized use of your access data.

Conclusion of contract, contract language
Only upon ordering the goods and/or service do you submit a binding offer to conclude a corresponding contract. To place the order, you add the selected goods to the shopping cart, proceed through the further ordering process on the website, and enter the information requested there. Before submitting the order, you have the option to review all order data once more and correct it if necessary. Only upon submitting the order do you make a binding offer to us to conclude the contract.

We may accept your offer within two days by sending an order confirmation by post, fax, or email, by dispatching the goods, or by issuing a request for payment; the decisive factor for compliance with the deadline is the point at which our order confirmation, goods, or payment request reaches you. The contract language is German.

Storage of the contract provisions
We store the contract provisions, i.e. the order data and these General Terms and Conditions. You can print or save the contract provisions by using the usual functionality of your browser (usually "Print" or "File" > "Save as"). The order data is contained in the order summary displayed in the final step of the order. The contract provisions, including the General Terms and Conditions, are also contained in the email with the order confirmation that we send you upon acceptance of your order.

Delivery disruptions
If an ordered item cannot be delivered because our supplier fails to supply us despite a contractual obligation and through no fault of our own, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are no longer available and will refund any payments already made without delay.

Payment
If advance payment has been agreed, payment is due immediately after conclusion of the contract.

Retention of title

For consumers, the following applies:
The goods delivered by us remain our property until full payment (goods subject to retention of title).

For entrepreneurs, the following applies:
We retain title to the goods subject to retention of title until receipt of all payments arising from the business relationship with the customer. We undertake to release our securities at the customer's request to the extent that the value of our securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released is at our discretion.

The customer is entitled to resell the goods subject to retention of title to a third party in the ordinary course of business; however, the customer hereby assigns to us all claims arising from such resale.

Claims for defects (warranty)

For consumers, the following applies:
The statutory warranty provisions apply to our warranty obligations.

For entrepreneurs, the following applies:
If the customer is a merchant (within the meaning of Section 1 HGB, the German Commercial Code), they must inspect the goods immediately upon receipt. Obvious defects must be reported to us in writing immediately upon receipt of the goods or - if the defect only becomes apparent later - immediately upon discovery. The timely dispatch of the notice is sufficient to safeguard the customer's rights. If this is not done, the goods shall be deemed approved. This does not apply if we have fraudulently concealed the defect. If there is a defect in the purchased item, we shall initially provide a remedy at our discretion by either rectification or replacement delivery. If the subsequent performance fails, the customer may, at their discretion, demand a reduction in the price (abatement) or rescission of the contract (withdrawal). The limitation period for the buyer's claims for defects is one year from delivery of the purchased item to the customer. Excepted from this are the buyer's claims for damages aimed at compensation for personal injury or damage to health due to a defect for which we are responsible, or based on gross fault on the part of us or our vicarious agents; the statutory limitation period applies to such claims.

If the goods are a building or an item that has been used for a building in accordance with its customary use and has caused its defectiveness, the limitation period is, in accordance with the statutory provision, 5 years from delivery.

Exclusions and limitations of liability

Our liability for damages is governed as follows:
In cases of intent and gross negligence, including that of our vicarious agents, we are liable in accordance with the statutory provisions. The same applies to negligently caused damage arising from injury to life, body, or health.

In the case of negligently caused material and financial damage, we are liable only in the event of a breach of a material contractual obligation, but limited in amount to the foreseeable damage typical of the contract at the time of conclusion of the contract; material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.

Otherwise, liability on our part is excluded, regardless of the legal basis. The exclusions and limitations of liability in the preceding paragraphs (1) to (3) apply accordingly to our vicarious agents as well.

Liability for the assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in the preceding paragraphs (1) to (4).

 

Use of technologies
In designing our products, we partly draw on artificial intelligence (AI) technologies to support creative processes. These are generative AI systems that create image or text content. We ensure that these systems are used in accordance with the requirements of the EU AI Act (the European Union's regulation on artificial intelligence). The final selection, editing, modification, and approval of the designs is always carried out by our team, so that every design is reviewed and adjusted by us.

Customer reviews
We welcome all honest feedback. However, to ensure the quality and integrity of the published reviews, we reserve the right not to publish or to remove individual contributions if they:

• are clearly offensive, discriminatory, or defamatory,

• contain factually incorrect statements,

• are unrelated to the purchased product or our service,

• or violate applicable law.

All other reviews – whether positive or critical – are treated according to the same standards.

Choice of law, place of jurisdiction
Austrian law applies. The UN Convention on Contracts for the International Sale of Goods is excluded. This choice of law applies to a consumer only to the extent that it does not restrict any mandatory statutory provisions of the state in which the consumer has their domicile or habitual residence. For disputes arising from contracts other than consumer contracts, the registered office of our company is agreed as the place of jurisdiction. However, we are entitled, at our discretion, to also bring legal action at the customer's place of residence.