General terms and conditions
FAC Wien GmbH
1.1 FAC Wien GmbH, FN 454473v, Hopfengasse 8, A-1210 Vienna (hereinafter referred to as “FAC”, “we”, “us”, “our”) operates an online webshop under the website www.fac.at. The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply.
1.2 Deliveries and services shall be provided exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as “GTC”). The GTC apply to all business relationships by electronic means that arise between the FAC as online web shop operator and the customer. The version valid at the time of the conclusion of the contract shall apply.
1.3 These GTC apply to the sale of individual tickets, i.e. tickets valid for one match and combinations of such individual tickets, as well as to season tickets (hereinafter collectively referred to as “tickets”).
1.4 Furthermore, these GTC shall also apply as a framework agreement to all other legal transactions between the FAC and the customers, which are concluded, for example, in the course of the merchandise online web shop.
1.5 The customer is a consumer within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) if the legal transaction concluded with us is not part of the operation of his or her business or that of the business where the customer is employed. All other customers are entrepreneurs within the meaning of § 1 UGB.
1.6 Any provisions deviating from these GTC shall only be valid if confirmed by us in writing.
2. Conclusion of contract
2.1 Our offers are subject to change and non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable. The presentation of the goods in the online web shop does not constitute a legally binding offer, but is an invitation to submit an offer by the customer.
2.2 By clicking on the order button (“order subject to payment”), the customer makes a binding offer to enter into a contract. The FAC will immediately confirm receipt of the customer’s order by means of an automated e-mail. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt shall only constitute a declaration of acceptance if the FAC expressly declares this.
2.3 The FAC is entitled to accept or reject the order within 3 working days after receipt.
2.4 The conclusion of the contract with entrepreneurs is subject to the proviso that in the event of incorrect or improper self-delivery, FAC shall not perform or shall perform only partially. In the event of non-availability or only partial availability of the service, the entrepreneur shall be informed immediately. The consideration will be refunded immediately.
2.5 The consumer’s order will be stored electronically and sent to the customer by e-mail after conclusion of the contract.
2.6 Should ordered deliveries and services not be available, the FAC is also entitled to withdraw from the contract. In this case, the customer will be informed immediately that the ordered service is not available. The purchase price already paid will be refunded to the consumer without delay. In addition, the order shall be deemed to have been rejected if the customer does not receive at least a partial delivery within 4 weeks.
2.7 In any case, a contract is only concluded when the goods or parts of the goods are delivered for the first time.
2.8 Unless otherwise agreed, the service or delivery shall be made ex warehouse to the delivery address specified by the customer. The risk shall pass to the customer as soon as the delivery is handed over to the customer by the delivering parcel or postal service.
2.9 We are entitled to make partial deliveries. Upon receipt of the first partial delivery, the customer will be notified of the delivery period for the remaining goods.
3. retention of title
FAC retains title to the goods until the purchase price has been paid in full.
4. Right of revocation according to the FAGG and exclusion of the right of revocation
4.1 Right of revocation
4.1.1 As a consumer within the meaning of the Consumer Protection Act (KSchG), every customer has the right to revoke contracts within 14 days without giving reasons. Customers who are entrepreneurs within the meaning of the Austrian Commercial Code (UGB) do not have the right of withdrawal.
4.1.2 The revocation period is 14 days from the day of the conclusion of the contract.
4.1.3 In order to exercise the right of withdrawal, the consumer must inform us by means of a clear declaration (e.g. by letter, fax or e-mail to FAC Wien GmbH, Hopfengasse 8, A-1210 Vienna Tel.: +43 (0)1 271 1280, e-mail: email@example.com or firstname.lastname@example.org) of his/her decision to withdraw from this contract. For this purpose, the consumer may use the enclosed model withdrawal form, but is not obliged to do so.
4.1.4 In order to comply with the withdrawal period, it is sufficient for the Consumer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
4.2 Consequences of withdrawal
4.2.1 If the consumer withdraws from the contract, we will repay any payments we have received from the consumer in respect of the withdrawn contract without undue delay and at the latest within fourteen days of the day on which we received the notification of withdrawal. For this repayment, we shall use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise; in no case shall any fees be charged for this repayment.
4.2.2 If the consumer has requested that FAC’s performance should begin during the withdrawal period and if this has not been fully performed by the time of withdrawal, the consumer shall pay a reasonable amount corresponding to the proportion of the services already performed up to the time of exercising the right of withdrawal compared to the total scope of the services provided for in the contract.
4.3 Exclusion of the right of withdrawal
4.3.1 Pursuant to section 18(1) FAGG, the consumer has no right of withdrawal in the case of distance or off-premises contracts for:
– Z1: Services, if the trader – on the basis of an explicit request by the consumer for as well as a confirmation by the consumer of his knowledge of the loss of the right of withdrawal in case of complete fulfilment of the contract – had started the performance of the service before the expiry of the withdrawal period and the service was then completely performed;
– Z3: Goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
– Z5: Sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed.
4.3.2 The customer therefore expressly confirms knowledge of the loss of his right of withdrawal upon complete fulfilment of the contract if we still customise the ordered goods on behalf of the customer according to the customer’s specifications before the expiry of the fourteen-day withdrawal period.
5. Prices, shipping costs and minimum order value
5.1 The prices stated on our website include the statutory value added tax. They shall only become binding once the goods have been delivered, at least in part.
5.2 The prices do not include shipping costs. These costs will be announced in the course of the order prior to its conclusion.
5.3 Deliveries to Austria shall be made completely free of shipping costs from an order value of € 50. For all orders below an order value of € 50,- € 5,90,- shipping costs will be charged. The shipping costs for orders to foreign countries and which countries are supplied can be found here: https://fac.at/en/shipping-costs/
5.4 The minimum order value within Austria is € 10,-, within the EU € 20,-within the rest of Europe and to the non-European Mediterranean countries € 25,-. (You can find out which countries are included here at: https://fac.at/en/shipping-costs/)
Payment is made by:
Credit card: Your credit card will be charged upon completion of payment.
Sofortüberweisung and EPS: You will be referred directly to your online bank account via the service of Sofortüberweisung or EPS, where you set up a transfer of the order amount while you are still placing your order. After you have confirmed the transfer via the TÜV-certified payment system with PIN/TAN entry, your account will be debited immediately.
7. default of payment
7.1 If the customer is in default of payment, the FAC is entitled to charge interest on arrears in the amount of 4% above the base interest rate p.a. announced by the Austrian National Bank (ÖNB). Should the FAC demonstrably have incurred higher damages as a result of the delay in payment, we shall be entitled to assert such damages.
7.2 The customer shall pay all amounts without deduction no later than 7 days after receipt of the request for payment; the receipt of the amount in one of our business accounts shall be decisive. After unsuccessful expiry of the deadline, the order will be removed from the programme without further notice.
8. set-off, retention
The customer is only entitled to set-off if his counterclaim has been legally established or recognised in writing by FAC. Furthermore, the customer is only entitled to exercise the right of retention insofar as his counterclaim is based on the same contractual relationship.
The statutory warranty provisions apply. The FAC does not give any guarantee to customers in the legal sense.
10.1 The liability of the FAC is limited to intent and gross negligence.
10.2 Our liability for slight negligence, compensation for consequential damage and financial loss is excluded.
10.3 The above limitations of liability towards customers do not apply in the case of bodily injury or damage to health attributable to FAC.
11. transport damages
If goods are delivered with obvious transport damage, please complain about these defects as soon as possible to the delivery company and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or transport insurance.
12. data protection
With regard to information on the type, scope, duration and purpose of the collection, processing and use of personal data required for the execution of orders as well as invoicing, the customer is informed in the “Data Protection Declaration”.
13. special provisions due to COVID-19
Due to the strict requirements and regulations of the government and the Austrian Bundesliga regarding the staging of Austrian Bundesliga and ÖFB Cup matches with spectators, the following supplements arise as part of the General Terms and Conditions.
13.1 Admission Regulations and Ticketing
13.1.1 FAC Wien GmbH reserves the right to take a temperature reading by means of a contactless thermometer upon admission to matches of the Austrian Bundesliga or the ÖFB Cup and to deny admission to the stadium grounds if the body temperature is 37 degrees Celsius or higher. Tickets will not be refunded in such a case.
13.1.2 Admittance to the stadium grounds during matches of the Austrian Bundesliga or the ÖFB Cup is only permitted with a mouth/nose protection. This must be worn on the entire stadium grounds, with the exception of the assigned seating area.
13.1.3 As of 01.08.2020, only personalised tickets will be issued by the FAC. The personal data includes first name, last name, telephone number and e-mail address. Visitors who refuse to hand over this data will be denied access to the stadium grounds. Tickets will not be refunded in such a case.
188.8.131.52 The personal data will be kept confidential for four weeks and will only be handed over to the competent authority in the event of an official request to hand over the data with a comprehensible reason (e.g. contact tracing, health concern, etc.).
184.108.40.206 An exception to this provision is the online purchase of tickets. In the online ticket shop, buyers may purchase up to five additional tickets for third parties. Only the full name of the additional ticket purchasers must be given here. However, in the event of an urgent official data collection with a comprehensible reason (e.g. contact tracing, health concerns, etc.), the purchaser is obliged to hand over the complete personal data of the additional ticket recipients to the FAC or the competent authority.
13.1.4 Day tickets are non-refundable, but remain valid in the event of a match being abandoned or postponed. An exception to this is a match cancellation (this includes all matches that cannot be attended by the ticket holder, e.g. ghost matches) due to official requirements.
13.1.5 The right of first refusal for day tickets in the form of the FAC Gold Card is non-refundable.
13.1.6 From 01.08.2020 onwards, the FAC will only allocate assigned seats for Austrian Bundesliga and ÖFB Cup matches, with one seat to be kept free between two persons. The seats to be kept free are clearly marked.
13.1.7 Until further notice, guest fans are not allowed to enter matches in the Austrian Bundesliga and the ÖFB Cup.
13.2 General rules of conduct based on COVID-19
13.2.1 During a match in the Austrian Bundesliga or the ÖFB-Cup, the assigned seat is to be left only in case of visiting the toilet, eating or other plausible reasons.
13.2.2 Regular hand hygiene is important (regular washing with soap and disinfecting), especially before eating, after using the toilet and whenever hands are contaminated.
13.2.3 Keep a distance of 1 metre from other people.
13.2.4. when coughing or sneezing, cover mouth and nose with bent elbow or a handkerchief and dispose of immediately.
13.3.5. in case of classic symptoms of COVID-19 (fever, dry cough, sore throat, shortness of breath, loss of sense of taste/smell), strictly refrain from visiting the stadium. If symptoms occur during the match, contact an official, steward, security guard or health worker immediately.
14. final provisions
14.1 Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14.2 The place of jurisdiction for all disputes arising directly or indirectly from the contract is agreed to be the Austrian court with subject-matter and local jurisdiction for FAC. If the customer is a consumer as defined by the Austrian Consumer Protection Act (KSchG), this place of jurisdiction shall only be deemed agreed if the customer has his domicile, habitual residence or place of employment in this court district.
14.3 There are no verbal subsidiary agreements. Amendments or additions to the provisions contained in these terms and conditions must be made in writing in order to be effective.
14.4 Should individual parts of these GTC be invalid, this shall not affect the validity of the remaining parts. Instead of these invalid provisions, the respective statutory provisions shall apply.