Terms of service

General Terms and Conditions

for the online shop on http://www.viento-store.com

Responsible Company:

VIENTO GmbH, Hohenberg 77, 8943 Aigen im Ennstal, Austria

As of: Jun 2024

  1. Scope of Application These General Terms and Conditions (hereinafter referred to as "GTC") of VIENTO GmbH (hereinafter referred to as the "Provider") apply in the version valid at the time of the order for all contractual agreements concluded within the framework of the online shop http://www.viento.aero between the Provider and private customers. By placing an order, the customer agrees to these GTC. These GTC also apply to all future transactions without the need for an express agreement.

  2. Contract Language The contract language is German. All other information, customer service, and complaint handling are offered in German.

  3. Applicable Law, Jurisdiction, and Place of Performance These GTC and the contracts concluded under these GTC are subject to Austrian substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The parties agree on the competent court for consumer matters. After the dispute arises, the parties may agree on the choice of the competent court.

  4. Online Dispute Resolution Platform The EU Commission offers the possibility of online dispute resolution on a platform operated by it. This dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr.

  5. Data Protection It is expressly pointed out that the provider stores names, addresses, telephone and fax numbers, email addresses, and payment details of the customer for the purpose of fulfilling the contract on data carriers for automated support (accounting, customer file). Customer data is not passed on to third parties, except where necessary to fulfill the order (e.g., to the executing delivery company).

  6. Ordering Process

The ordering process includes the following three steps:

  1. The customer can select the desired goods or services by clicking the "Add to Cart" button. The selected items are temporarily stored in the cart. By clicking the "Edit Cart" button, the customer is taken to the cart overview, where items can be deleted or the quantity changed.

  2. On the next page, the customer selects the desired payment and shipping method. The corresponding shipping costs are displayed along with these details.

  3. By clicking the "Continue" button, the customer is taken to the "Review and Order" section. Here, the selected delivery and billing address, the selected shipping and payment method, and - if the customer has chosen the payment method "Credit Card" - the option to enter credit card details or be redirected to an external website of the respective payment service provider is listed.

Before clicking the "Order with Payment Obligation" button, the customer is shown a link to the cancellation policy - which can be saved on a permanent data carrier. To complete the order, the checkbox "I have read and agree to the GTC and the cancellation policy of your shop" must be checked.

By clicking the "Order with Payment Obligation" button, the customer makes a binding purchase offer for the selected goods.

  1. Conclusion of Contract All offers made by the provider are invitations to the customer to submit an offer. The provider's offers are non-binding. The customer's order constitutes a binding offer to conclude a contract. Orders can only be placed online. Ordering is only possible for customers who are of legal age (18 years old) and provide complete customer data. If underage persons place orders by providing false information, the provider hereby anticipates revocation of the contract. The legal guardians or representatives of the underage persons ordering with false information are liable to the provider for all damages arising from the orders made under false information according to legal regulations. The confirmation of receipt of the order follows after the order is sent via an automated email (order confirmation), which does not yet constitute acceptance of the contract. The contract only becomes legally effective upon an order confirmation from the provider or the dispatch of the goods or the actual provision of services to the customer. If the provider does not accept the offer within the specified delivery period or, if none is specified, within 3 working days, the customer will be informed by email, and any purchase price already paid will be refunded immediately.

  2. Prices, Shipping Costs, Due Date, and Default The prices listed in the online shop are in euros and include the applicable Austrian VAT, excluding any shipping costs. The shipping costs are displayed separately during the ordering process. The total product prices listed by the provider at the end of the ordering process are final prices, including VAT and shipping costs. Unless otherwise expressly agreed, the customer is not entitled to a discount. The purchase price is due immediately upon ordering by the customer unless otherwise agreed. Payment is made within the payment methods offered by the provider. Only the payment methods offered by the provider during the ordering process apply according to the processing guidelines listed below:

  • Prepayment: The customer receives the transfer details displayed during the ordering process and in the order confirmation. The payment amount must be transferred within 5 working days from the day of the order to the specified account.

  • Credit Card (VISA, MasterCard): The charge is made immediately after the order.

  • PayPal: The charge is made immediately after the order.

In case of default in payment, default interest will be charged at the statutory rate of 4% from the due date.

  1. Delivery

The provider strives to execute the order without unnecessary delay. However, delivery dates and times are non-binding and are considered indicative unless expressly stated otherwise in writing. If unexpected and unavoidable delivery delays occur, the customer will be informed by email. In the case of prepayment, if offered during the ordering process, the delivery period begins one day after the amount is credited to the provider's bank account. For payment by cash on delivery or purchase on account, if offered during the ordering process, the delivery period begins one day after the contract is concluded. In all other cases, the delivery period begins one day after the order is received. If delivery or adherence to a stated delivery period is prevented due to a lack of self-supply despite a corresponding order by the provider from its reliable suppliers, the provider is entitled to withdraw from the contract in whole or in part. In such a case, the provider will inform the customer immediately by email and promptly refund any purchase price already paid. The delivery address provided by the customer is decisive for delivery unless otherwise agreed. The provider reserves the right to send multi-part orders either separately or collectively at its discretion, especially if the ordered quantities are not available all at once. For goods that are not accepted or collected, the provider reserves the right to charge the customer for the costs incurred in the event of a return. Such refusal to collect or accept the delivery does not constitute a withdrawal or revocation of the contract, but entitles the provider to withdraw from the contract. If the customer chooses to waive delivery and - if offered by the provider among the delivery methods - selects self-collection of the ordered goods, the provider will only hand over the goods against prior payment. The period from when the goods are ready for collection at the specified collection address corresponds to the delivery period indicated for the product.

  1. Information Obligations

The customer must truthfully provide the provider with all necessary information and facts for the provision of services. Changed circumstances, especially changes in the customer's data (name, address, email), should be communicated to the provider immediately. The customer is particularly obliged to inform the provider of any address changes. If the customer fails to notify the provider of such changes, any additional costs incurred due to the failure to notify can be charged to the customer.

  1. Cancellation Policy

Customers who are considered consumers can withdraw from a distance contract or an off-premises contract within fourteen days without giving reasons. The conditions and consequences of the withdrawal are stated in the cancellation policy.

  1. Retention of Title

The delivered goods remain the property of the provider until all claims from the contract, regardless of the legal basis, have been paid in full.

  1. Warranty and Manufacturer's Guarantee

The general statutory provisions of warranty law apply. Warranty is the statutory liability of the provider for defects that the purchased goods have at the time of handover to the customer. Defects that occur later are generally not covered by the warranty. Warranty claims must be asserted within two years of delivery, whereby the seller must prove within the first six months of delivery that the defect did not exist at the time of delivery. From the seventh month after delivery, the burden of proof lies with the customer. In the event of warranty claims, the provider is entitled to improve or replace the goods. Only if the improvement or replacement is impossible or involves disproportionate effort for the provider, or if the provider cannot comply with the request for replacement or improvement within a reasonable period, is the customer entitled to demand a price reduction or rescission (complete cancellation of the contract). If the manufacturer has voluntarily guaranteed that the goods will function properly for a certain period (manufacturer's guarantee), the relevant guarantees of the manufacturer apply. The conditions and limitations of the respective manufacturer's guarantees can be found in the respective guarantee conditions.

  1. Liability

The general statutory liability provisions apply. Liability for slight negligence is excluded. Claims for damages expire within three years of becoming aware of the damage and the person responsible.

  1. Copyrights

All images, films, graphics, buttons, and texts contained in the provider's online shop are subject to Austrian and international trademark and copyright law. Use of this data or content is not permitted without the express written consent of the provider.

  1. Changes to the General Terms and Conditions / Reservation of Changes

The provider is entitled to change these GTC, provided this is necessary to adapt to changed legal, technical, or content-related framework conditions.

  1. Severability Clause

If any provision of these General Terms and Conditions is invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a permissible provision that is economically equivalent or similar.

VIENTO ONLINE:

Responsible Company:

VIENTO GmbH Hohenberg 77 A-8943 Aigen im Ennstal Austria

General

These are the terms of use that govern the use of this service and the agreement between you and the provider viento.aero. These terms of use set out the rights and obligations of all users regarding the use of the service.

By accessing or using the service, you agree to these terms of use. If you disagree with any part of these terms of use, you may not access the service.

You affirm that you are over 18 years old. The provider does not permit persons under 18 to use the service. Your access to and use of the service is also contingent upon your acceptance of and compliance with the provider's privacy policy. Our privacy policy describes our policies and procedures on the collection, use, and disclosure of your personal data when you use the application or the website and informs you about your privacy rights and how the law protects you. Please read our privacy policy carefully before using our service.

Subscriptions

Duration of Subscriptions

The service or some parts of the service are available only with a paid subscription. Billing is done in advance. The subscription automatically ends after 3 years and is not automatically renewed.

Cancellation of Subscriptions You can cancel your subscription by contacting viento.aero (shop@viento.aero). You will not receive a refund for the fees you have already paid for your current subscription period, and you can access the service until the end of your current subscription period.

Misuse of Subscription Login data is encrypted and stored on our server. IP addresses are logged along with login and email data, and misuse (e.g., sharing login data) and using the login on more than 3 devices will result in automatic cancellation and revocation of the login without compensation. Viento.aero reserves the right to take legal action against the user in such cases.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to a breach of these terms of use. Upon termination, your right to use the service will cease immediately. If you wish to terminate your account, you may simply discontinue using the service.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the company and any of its suppliers under any provision of these terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the service.

To the maximum extent permitted by applicable law, in no event shall the company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software, and/or third-party hardware used with the service, or otherwise in connection with any provision of this terms), even if the company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, the liability of each party will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer
The service is provided to you "AS PERFECT" and "AS DISPONIBLE" and with all errors and defects without any warranty. To the extent permitted by applicable law, the Company expressly rejects, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, all express, implied, statutory or other warranties in relation to the Service, including any implied guarantees of availability, suitability for a specific purpose, ownership and non-infringement of any rights and guarantee that may arise from the course of business, performance, use or commercial practice. Without limiting the foregoing, the Company does not warrant or undertake, and does not make any assurances, that the Service meets your requirements, achieves the intended results, is compatible with, or collaborates with, other software, applications, systems or services, operates without interruption, meets performance or reliability standards, or is error-free, or that errors or defects can or can be fixed.

Without limiting the foregoing, neither the Company nor any of the Company's providers make any express or implied assurances or warranties of any kind: (i) in relation to the operation or availability of the Service or the information, content and materials or products contained therein; (ii) that the Service operates uninterruptedly or without errors; (iii) in relation to the accuracy, reliability or timeliness of any information or content provided through the Service; or (iv) that the Service, its servers, content or e-mails sent by or on behalf of the Company are free of viruses, scripts, Trojans, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of guarantees or limitations of a consumer's applicable legal rights, so some or all of the above exclusions and limitations may not apply to you. In such a case, however, the exclusions and restrictions set out in this section shall be applied to the extent possible enforceable under applicable law.

The maps of viento.aero are NOT suitable for LIVE navigation and are intended to be used only for flight preparation and support. We accept no liability for any damages of any kind.

Changes to these Terms of Use
We reserve the right to amend or replace these Terms at any time at our sole discretion. If a change is substantial, we will make reasonable efforts to notify you at least 30 days before the new terms come into force. What constitutes a substantial change will be determined at our sole discretion.

By continuing to access or use our Service after these changes enter into force, you agree to the revised terms and conditions. If you do not agree to the new terms in whole or in part, please stop using the website and the service.