Terms & Conditions

1. Provider and scope

1.1 The provider is Michael Wild, trading as “WildAsWhisk”, Mariatrosterstraße 12a, 8010 Graz, Austria, email: wild@wildaswhisk.com (hereinafter “WildAsWhisk” or “provider”). WildAsWhisk develops and sells WHISK including accessories (rods, connectors, attachments) and provides the associated app.

1.2 These terms apply to all contracts, orders, pre-orders and services of WildAsWhisk relating to WHISK, the accessories and the app – regardless of whether the contract is concluded via wildaswhisk.com, by email, Telegram or telephone.

1.3 We sell exclusively to consumers within the meaning of § 1(1) no. 2 KSchG, i.e. natural persons who order predominantly outside their commercial or self-employed professional activity (hereinafter “customer”). Commercial use is only possible on request (section 2.2).

1.4 We make these terms available before the contract is concluded. By placing an order, the customer agrees to them. The version valid at the time the contract is concluded applies.

1.5 The contract language is German; conclusion of the contract and communication take place in German. Translations, including this English version, are for information only.

2. Product, age limit and safety

2.1 WHISK is an electric play device for adults. Only persons of legal age (18+) may order and use it. By ordering, the customer confirms being at least 18 years old.

2.2 WHISK and the app are BDSM toys that intentionally cause pain. WHISK is intended for private indoor use; commercial use (e.g. in studios, clubs or at events) is only permitted on request and with our prior written consent.

2.3 WHISK is an electrically powered device and – like any technical device – may have technical faults despite careful development and testing, such as unexpected starting, control malfunctions or loss of connection. Further residual risks exist in particular with misuse, wrong settings, undetected pre-existing conditions, involuntary bodily reactions or use without the consent of everyone involved. Therefore, every time WHISK is used: always follow the safety instructions and keep the mains plug within reach so that WHISK can be disconnected from power immediately in an emergency. Anyone who does not want to or cannot accept these risks must not use WHISK.

2.4 The guide and the safety instructions are an essential part of the contract and must be read before first use.

3. Conclusion of contract

3.1 Products shown in the shop, on social media or in other advertising are not yet a binding offer.

3.2 By clicking “Order with obligation to pay” and completing payment via Stripe, the contract is concluded. The customer receives the confirmation by email.

3.3 The purchase includes the components and accessories listed in the respective offer.

3.4 To use the app, the customer sets up WHISK according to the guide. Before first use, the customer confirms in the app that they have taken note of the safety instructions; no further details are required.

4. Pre-order and deposit

4.1 As long as WHISK is not yet available, the shop takes pre-orders. With a deposit of 15 % of the total price, the customer secures a place on the waiting list. Delivery order follows the date the deposit is received.

4.2 Delivery is expected from January 2027. We will inform you of delays by email; until the remaining balance is paid, the customer can cancel free of charge at any time (section 4.4).

4.3 As soon as WHISK is ready to ship, we request the remaining balance by email. It is payable within 14 days; we ship after receipt of payment.

4.4 Until the remaining balance is paid, the customer can cancel the pre-order at any time by email without giving reasons; the deposit is refunded in full within 14 days. The statutory right of withdrawal (section 7) remains unaffected.

4.5 If the customer does not pay the remaining balance on time despite a reminder, we may withdraw from the contract and refund the deposit. If we cannot deliver, we refund all payments without delay.

5. Prices, promotions, vouchers and payment

5.1 All prices are final prices in euros including statutory VAT. Prices at the time of ordering apply.

5.2 Promotions only apply as long as they are shown in the shop.

5.3 Voucher codes are only valid during the stated period, cannot be combined with other codes and cannot be redeemed for cash. For pre-orders the discount is deducted from the remaining balance; the deposit stays the same.

5.4 Payment is processed by the payment provider Stripe using the payment methods offered there. Unless agreed otherwise (e.g. pre-order, section 4), the purchase price is due immediately upon ordering.

5.5 In case of late payment we may charge default interest at the statutory rate and withhold further services until full payment.

5.6 We send invoices, payment requests and reminders to the email address given with the order.

6. Shipping and delivery

6.1 We deliver free of charge to all EU countries. Other countries, islands and overseas territories on request; any shipping costs are stated before the contract is concluded. Packaging is discreet with a neutral sender.

6.2 The risk of accidental loss and accidental deterioration only passes upon actual handover to the customer.

6.3 The goods remain our property until paid in full (retention of title).

6.4 Please check the delivery for visible transport damage on receipt and report it to us and the carrier as soon as possible. Failing to do so has no effect on the warranty.

7. Right of withdrawal for consumers

7.1 Consumers who concluded the contract exclusively by means of distance communication (e.g. online shop, email, Telegram) or outside our business premises can withdraw from it within 14 days without giving reasons. The period begins on the day the customer or a third party named by them takes possession of the goods; for services, on conclusion of the contract. If several goods of one order are delivered separately, the period begins on the day the last item is taken into possession.

7.2 A clear statement (e.g. letter or email) to Michael Wild / WildAsWhisk, Mariatrosterstraße 12a, 8010 Graz, Austria, email: wild@wildaswhisk.com is sufficient. The fastest way is via our Telegram support t.me/wildaswhisk_support. It is enough to send the statement before the period expires. The model withdrawal form below may be used for this.

7.3 We refund all payments including standard shipping costs without delay, at the latest within 14 days of receiving the withdrawal, using the same payment method as for the order unless agreed otherwise. We may withhold the refund until the goods are back or the customer proves they have been sent – whichever is earlier. In no case will the customer be charged any fees for this refund.

7.4 The goods must be returned or handed over without delay, at the latest within 14 days of withdrawal. The customer bears the direct cost of return. The customer is only liable for loss of value if the goods were used beyond what is needed to check their nature, characteristics and functioning.

8. App

8.1 WHISK is controlled via the WHISK app. The app including remote control is free of charge for 5 years from handover. We may change, update and further develop the app, e.g. to improve functions or adapt it to new operating systems; we provide the updates needed to operate WHISK for at least as long as required by law (§ 7 VGG). We recommend updating the app regularly.

8.2 After the 5 years, we may charge a fee for remote control via the internet to cover server costs. We will announce the amount and conditions in good time beforehand; a fee only applies if the customer expressly agrees. If the customer does not want this, they receive a free software update that allows WHISK to continue to be used locally without an internet connection.

8.3 We do not owe uninterrupted availability of the app. Temporary restrictions may arise in particular from maintenance, technical faults or changes to third-party operating systems, browsers or networks. We only owe support and additional services where expressly agreed.

8.4 The customer is responsible for the necessary system requirements (smartphone or computer, current browser, Wi-Fi).

8.5 We are only liable for damage resulting from temporary or permanent unavailability of the app in accordance with section 11.

9. Customer obligations and intended use

9.1 The customer uses WHISK only as intended and in compliance with the guide and safety instructions. In particular:

• Only use WHISK between consenting adults; agree on a stop signal and respect it at all times.
• Mount the rod system stably on a level, non-slip surface indoors and stop immediately in case of discomfort or unwanted pain.
• Only use the original power supply and original rods, connectors and attachments. Do not open, modify or repair WHISK yourself; repairs and spare parts only by us or persons authorised by us.
• Protect WHISK from damage, moisture and access by unauthorised third parties, especially minors.

9.2 Care: Clean attachments with body contact after every use. Regularly check rods, connectors, cables, power supply and ports for wear and damage, and do not continue to use damaged parts.

9.3 Disposal: WHISK is an electrical device and must not be disposed of with household waste. It can be taken to a collection point for waste electrical equipment or sent back to us free of charge at any time; we will dispose of it properly.

9.4 We are not liable for damage resulting from improper use or failure to follow the guide and safety instructions; section 11.2 remains unaffected.

10. Warranty

10.1 The statutory warranty applies. Excluded are defects caused by improper use, improper handling, unauthorised modifications or repairs by the customer or unauthorised third parties, normal wear and tear or external influences (in particular moisture, extreme temperatures, falls or other mechanical damage).

11. Liability

11.1 Use of WHISK is at the customer’s own risk. The customer must comply with the safety instructions and the guide every time WHISK is used, expect technical faults (section 2.3) and always keep the mains plug within reach to disconnect WHISK from power immediately in an emergency. We are not liable for damage originating from the customer’s sphere, in particular operating errors, improper handling or failure to follow the guide and safety instructions.

11.2 We are liable without limitation in accordance with the statutory provisions for personal injury, for intent and gross negligence and under the Product Liability Act.

11.3 We are not liable for property damage or financial loss caused by us through slight negligence. This does not apply to damage to items we have taken over for processing (e.g. for repair).

12. Intellectual property and rights of use

12.1 All rights to the app, guide, safety instructions, logos, images, texts and other content – in particular copyright, trademark, design and patent rights and know-how – remain with WildAsWhisk or its licensors. The customer does not acquire ownership of the app.

12.2 For the duration of the intended use of WHISK, the customer receives a non-exclusive, non-transferable right of use for the app, unlimited in territory, for their own purposes (simple licence). Sublicensing is excluded.

12.3 It is not permitted to publish, copy, rent, sell, lend or otherwise make available the app or documentation to third parties, to give third parties access without our consent, to modify or decompile the app (reverse engineering), or to remove or obscure copyright notices, serial numbers or identifiers.

12.4 Copies of the app are only permitted where mandatory by law or necessary for backup and contractual use; they must be deleted as soon as they are no longer needed. There is no claim to the source code. Third-party software integrated into the app may be subject to its own licence terms.

12.5 If the customer uses the app in breach of contract or unlawfully, infringes third-party rights or passes it on without authorisation, the customer is liable to us for the resulting damage in accordance with the statutory provisions.

12.6 We are not aware of any third-party rights that conflict with use of the app. If the customer is nevertheless held liable on this basis, they inform us in writing without delay. We then take over the legal defence and may change, replace with an equivalent or discontinue the affected function.

13. Confidentiality

Both parties treat confidential information received in connection with the contract as confidential and use it only to perform the contract – also after the contract ends. This of course also applies to your order: we do not disclose to third parties that you have ordered from us, except to the recipients named in the privacy policy.

14. Data protection

14.1 We process personal data in accordance with the GDPR and the Austrian Data Protection Act (DSG) and are the controller within the meaning of Art. 4(7) GDPR. Details on data categories, purposes, legal bases, recipients and your rights are set out in our privacy policy.

14.2 We may store data in anonymised or aggregated form – i.e. without reference to you personally – and use it for the further development of WHISK and the app and for analyses.

15. Changes to these terms

15.1 We may change these terms for objectively justified reasons with four weeks’ written notice, provided the change is reasonable for the customer – e.g. due to changed legal or regulatory requirements, safety requirements, technical developments or changed delivery and market conditions.

15.2 For existing contracts, changes only apply with the customer’s express consent; otherwise the previous version continues to apply.

15.3 The current version is available at any time at wildaswhisk.com/agb.

16. Assignment

The customer may not transfer rights and obligations under the contract to third parties without our consent; mandatory consumer rights remain unaffected.

17. Final provisions

17.1 Should any provision be wholly or partly invalid or unenforceable, the remaining provisions remain effective.

17.2 Austrian law applies. Consumers additionally retain the protection of the mandatory provisions of the state in which they have their habitual residence.

17.3 For actions against the customer, the court at their place of residence has jurisdiction. The customer can choose whether to sue at the court of their place of residence or at the competent court for Graz, Austria.