terms & conditions
terms and conditions (t&c)
effective date: 22 april 2025
1. scope
these t&c govern every order placed via www.verzweifelt.eu and desperategerman.com. the purchase agreement is concluded with desperate media gmbh, postgasse 8b, 1010 wien, vienna, austria (referred to as “seller”).
2. contract language & storage
contract language is english. the complete contract text (order data + t&c) is stored for twelve months and then deleted. please save or print the documents for your own records.
3. conclusion of contract
all product listings are non‑binding. by clicking “buy now / order now / pre‑order now”, you submit a binding offer. the seller accepts by sending an explicit order confirmation e‑mail or by dispatching the goods within three business days.
4. prices, shipping, payment
all prices include applicable vat in the european union and sales tax in the united states. for cross‑border deliveries, additional duties or taxes may arise, payable to the relevant authority, not to the seller. shipping costs appear at checkout. accepted payments: credit card (visa, mastercard, amex), eps, sofort, sepa direct debit, paypal, apple pay, google pay. payments are processed through stripe, inc. and paypal, inc.
5. availability & delivery
* stock items ship within two to five business days.
* on‑demand items display the estimated production time at checkout (generally five to seven business days)
* force majeure (e.g., strike, official orders, transport or energy shortages) extends delivery times appropriately; if such obstacles last longer than four weeks, either party may withdraw.
* shipping territory: austria and germany; other eu countries on request.
* risk passes to consumers when the goods are handed over; to business customers when the goods are handed to the carrier (§ 447 abs 1 ugb).
6. retention of title
goods remain the property of the seller until paid in full. set‑off or retention is allowed only for uncontested or legally established claims.
7. statutory right of withdrawal (consumers)
7.1 period
consumers may withdraw from the contract within fourteen days without stating reasons. the period begins on the day you, or a third party named by you (not the carrier), receive the goods; if the order comprises multiple goods delivered separately, the period begins upon receipt of the last item.
7.2 exercising the right
to exercise the right, send an unequivocal statement (letter or e‑mail) to desperate media gmbh, postgasse 8b, 1010 wien, vienna, austria, or widerruf@verzweifelt.eu. sending the notice before expiry suffices.
7.3 effects
we refund all payments, including standard shipping, within fourteen days of receiving the returned goods or proof of return, whichever is earlier. refunds use the same payment method; no fees apply. you bear the direct return shipping costs. you are liable for any diminished value resulting from handling beyond what is necessary to establish nature, characteristics and functioning of the goods.
8. exclusion of withdrawal
withdrawal is excluded for
* personalised or custom‑made items (e.g., on‑demand apparel, books with dedication, signed books)
* digital content supplied online once execution has started with your express consent.
orders placed by mistake can be cancelled within 24 hours via the contact form, provided no personalisation has begun.
9. warranty & liability
statutory warranty rights (§§ 922 ff abgb) apply. the seller is liable without limitation for intent, gross negligence, injury to life/body/health, and under mandatory product liability law; otherwise, liability is limited to foreseeable damages typical for the contract.
10. alternative dispute resolution
the european commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. the seller is neither obliged nor willing to participate in adr proceedings before a consumer arbitration board.
11. governing law & venue
austrian law applies, excluding the un convention on contracts for the international sale of goods. mandatory consumer protection rules of your habitual residence remain unaffected (art 6 rom i). exclusive venue for business customers is vienna; consumers may sue in their local courts.