Terms and Conditions (GTC)
Valid from: 04/2019
1.Scope of the terms and conditions
1.1These general terms and conditions (GTC) regulate the mutual rights and obligations between us as the seller and you as the buyer and apply to all sales contracts for our products and goods via the online shop ofwww.bambambarware.com.The sale and the entire (contract) processing take place exclusively on the basis of these terms and conditions in the version valid at the time of the order.
1.2The operator of this online shop and seller of the products and goods shown is Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg. A possible contractual relationship comes about with this.
1.3By submitting an order, you as the buyer expressly consent to the application of these terms and conditions to your order. Verbal agreements are not valid. All agreements, side agreements or assurances must be recorded in writing or expressly confirmed in writing by Christian Nestlehner.
2.Conclusion of contract
2.1The products and goods shown in our online shop merely represent an invitation to you to send us a binding offer by submitting an order.
2.2Orders can be placed by filling out and submitting the online form in the online shop as well as by email or post.
2.3By clicking the “order with obligation to pay” button in the webshop, you declare that you are placing a binding order for the goods listed in the “shopping cart”. Your order represents a binding offer to us to conclude a purchase contract with you for the goods you have ordered in accordance with these terms and conditions. Your offer will take effect as soon as we have received your order. You are bound to your offer for a period of 14 days from receipt of your order. We do not assume any obligation to accept your offer.
2.4After receiving your order, you will receive an automated confirmation of receipt, which does not yet constitute acceptance of your order.
2.5The purchase contract is only concluded when we send you an order confirmation to the email address you provided. If you do not receive this order confirmation - for example because you have not given a (valid) e-mail address - the contract is concluded when your order is executed - i.e. when the ordered goods are handed over to the carrier.
2.6In the event that we cannot accept your offer, for example because an article is not available, we will contact you immediately and inform you of this fact.
3.Delivery and risk
3.1All information on availability, delivery time or delivery in the online shop is only a non-binding guide. Under no circumstances do such information represent binding or guaranteed delivery dates. Fixed dates must be expressly agreed with us in writing.
3.2The delivery will be made as soon as possible. Unless you are paying via PayPal®If you have chosen, delivery will take place at the latest within 30 days of the conclusion of the purchase contract in accordance with point 2.6 of these terms and conditions, otherwise (payment in advance) at the latest within 14 days of the final invoice amount being credited (purchase price including additional costs, which are listed in point 4 of these terms and conditions ) on our bank account. The delivery takes place exclusively to deliverable addresses in Austria, Germany and Switzerland.
3.3When ordering several products and goods, the entire order will only be sent once all products and goods are available in one shipment. Regardless of this, partial deliveries are also permitted unless you are clearly not interested in them or they are clearly unreasonable for you. In the case of partial deliveries, the shipping costs are only charged once.
3.4The delivery of the products and goods for which the purchase contract has been concluded takes place on working days during normal business hours to the delivery address you have provided. All costs that we incur as a result of incorrect or incomplete delivery addresses are to be borne by you as the buyer.
3.5In the event that we are in default of delivery and are responsible for this, you can withdraw from the contract by setting a grace period of at least 3 weeks. In this case, liability for additional damage is limited in accordance with Section 9.
3.6The delivery of the products and goods in respect of which the sales contract has been concluded is carried out by a delivery service that we select to the best of our judgment. With your order you expressly consent to the delivery by this carrier.
3.7You bear the risk of accidental deterioration or accidental loss of the goods you have ordered from the handover of the goods you have ordered to you or to a third party named by you who is not the carrier.
4thPrices and shipping costs
All prices are final prices in euros (EUR or €) and include the applicable statutory sales tax. The listed prices do not include shipping costs or any other fees or costs. You will be informed of these additional costs in the course of the ordering process before completing your order, so that you can cancel the order process if you do not agree to these additional costs. The prices valid at the time of the order are always decisive.
5.Terms of payment and retention of title
5.1The purchase price including the ancillary costs is due for payment immediately after the conclusion of the purchase contract.
5.2You have the option of sending your ordered goods using PayPal®or by prepayment, credit card such as VISA, Mastercard and AMEX, AmazonPay, ApplePay, Googlepay, with SOFORT-Überweisung and many other payment options from Shopify Payments.
5.3Regardless of which payment method you choose, we will not accept any deductions - for example fees that arise as a result of payment by international banks. You are responsible for ensuring that the final invoice amount to be paid is completely, irrevocably and freely available to us.
5.4Our products and goods are delivered subject to retention of title and remain the property of Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg until full, irrevocable payment. Prior to the transfer of ownership, resale, pledging, transfer by way of security or any other disposal is not permitted without our express written consent.
6thRight of withdrawal, withdrawal period, consequences of withdrawal and exclusion of the right of withdrawal for consumers within the meaning of Section 1 of the Consumer Protection Act
6.1If you have concluded the purchase contract as a consumer within the meaning of § 1 of the Consumer Protection Act, you have the right to withdraw from the purchase contract with us (bambam - Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg, E-Mail: email@example.com) and to revoke it. The 14-day withdrawal period begins on the day on which the customer or a third party named by him, who is not the carrier, comes into possession of the goods (delivery of the goods to the customer or a third party named by him who does not the carrier is). If we make partial deliveries, the withdrawal period begins on the day on which you or a third party named by you who is not the carrier came into possession of the last goods delivered or the last partial shipment or the last piece.
6.2In order to exercise your right of withdrawal (right of withdrawal), you must inform us (bambam - Mario Christian Nestlehner), Franz-Hinterholzer-Kai 22, 5020 Salzburg, email: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post or E-mail) of your decision to withdraw from the purchase contract with us and to revoke it. To do this, you can use the attached sample withdrawal form, which we have also provided and which can be downloaded as a PDF document, athttps://bambambarware.com/policies/refund-policybut not mandatory. You can also use the model withdrawal form or another unequivocal statement on our website https://bambambarware.com/policies/refund-policyfill in and submit electronically. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
In order to comply with the 14-day withdrawal period, it is sufficient for you to send the notification that you are exercising your right of withdrawal before the withdrawal period has expired.
6.3Exclusion of the right of withdrawal
The right of withdrawal (right of withdrawal) does not apply to contracts for goods that are manufactured according to your customer specifications; Goods that are clearly tailored to your personal needs; Goods that can spoil quickly or whose use-by date would be exceeded quickly; Goods that are delivered sealed and are unsuitable for return for reasons of health or hygiene, provided that the seal has been removed after delivery; Goods which, due to their nature, were inseparably mixed with other goods after delivery; or alcoholic beverages, the price of which was agreed when the contract was concluded, but which cannot be delivered earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which we have no influence.
6.4If you withdraw from the concluded purchase contract with us or from your contractual declaration (order) according to point 6.1, we will have all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you have a have chosen a different type of delivery than the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal (revocation) of this contract or of the contract declaration (order) is. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
Important:If you have expressly decided on a different type of delivery than the cheapest standard delivery offered by us, you are not entitled to reimbursement of the additional costs you have incurred.
6.5You have to send back or hand over the goods immediately and in any case no later than fourteen days from the day on which you inform us of the withdrawal (revocation) of the purchase contract concluded with us. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
7.1If goods are delivered to you with obvious damage to the packaging, you are obliged to report this to the carrier immediately and to inform us accordingly.
7.2Your claims to the statutory warranty remain unaffected by the fulfillment of these obligations.
8.1The contractually owed quality of the products and goods, with regard to which the sales contract is concluded, results from the descriptions that can be found on the respective product pages.Please note thoughthat the color on the respective product picture may differ slightly from the actual color and such minor deviations do not represent a defect in any case.
8.2Insofar as the customer has concluded the purchase contract as a consumer within the meaning of Section 1 of the Consumer Protection Act, the following applies:
The general statutory warranty rules apply. Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg, as the seller of the products and goods, guarantees you by law that the products and goods sold will be available at the time of the transfer of risk, i.e. in accordance with Section 3.7 of these General Terms and Conditions at the time of delivery Goods to you as the buyer or to a third party named by you who is not the carrier, are free of any defects and correspond to the contract. The warranty period is 2 years from the transfer of risk.
8.3Deviating from this, the following is agreed exclusively for business transactions with entrepreneurs:
The warranty period is limited to one year. The warranty period begins at the point in time when the risk is transferred in accordance with Section 3.7 of these General Terms and Conditions, whereby you must check the goods for completeness, correctness and freedom from defects immediately upon receipt. Any defects must be reported in writing to Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg, in writing without delay, at the latest within 3 days of receipt, specifying and describing the alleged defects including photos (inspection and complaint obligation). If this obligation is not fulfilled or not fulfilled in a timely manner, there is no entitlement to warranty, compensation for damages due to the defect itself or contestation of the contract due to errors in the absence of defects in the item.
After notification of the defect in writing and receipt of the notification of defect, we will check whether it is justified. If the reason for the complaint is to be recognized, you will be informed of this and you will be informed at the same time whether the defect will be remedied by replacement or improvement, as we choose. In the event of timely notification of defects, you may only withhold payments to the extent that it corresponds to the extent or the relationship to the defects that have occurred / alleged.
8.4In any case, there is no guarantee for either consumers or entrepreneurs for damage that is due to wear and tear, unauthorized changes, the effects of third parties, improper use or treatment of the item, overuse, overvoltage or chemical influences. The same applies to normal wear and tear. In these cases any guarantee is excluded.
9.Disclaimer or Limitation of Liability
9.1A contractual or non-contractual liability exists only if we or a vicarious agent employed by us caused the damage intentionally or through gross negligence and is therefore excluded in the case of slightly negligent behavior. This limitation of liability also applies in particular to damage that represents loss of profit, indirect damage or consequential damage, or caused by delay in delivery for which we are responsible. This does not affect the liability of Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg for personal injuries; in this case the aforementioned limitation of liability does not apply and Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg is liable for any culpable causation.
9.2Liability for breaches of our contractual obligations due to events of force majeure or other circumstances beyond our control (e.g. strikes) is excluded.
9.3Insofar as liability is excluded or limited, this also applies to the liability of our employees and vicarious agents.
9.4Liability towards consumers under the Product Liability Act remains unaffected by the aforementioned limitations of liability.
10.1You are not entitled to set off your own claims against our claims, unless
- we are insolvent; or
- Your claims are legally related to our claims; or
- Your claims have been legally established by a court or have been recognized by us.
11.Applicable law, place of jurisdiction and place of performance
11.1These terms and conditions as well as all sales contracts concluded in accordance with these terms and conditions are exclusively subject to Austrian substantive law, excluding the UN sales law (CISG).
11.2For all disputes arising from or in connection with these terms and conditions and the purchase contracts concluded in accordance with these terms and conditions, the exclusively competent court for the city of Salzburg is agreed as the place of jurisdiction. We reserve the right to take legal action at the court responsible for your home town. In addition, § 14 of the Consumer Protection Act (KSchG) applies to consumers.
11.3The place of fulfillment for all orders is the company's headquarters in A-5020 Salzburg.
12.1Should a provision in these terms and conditions or the purchase contracts concluded in accordance with these terms and conditions be or become ineffective or impracticable, the remaining provisions shall remain unaffected.
12.2Verbal collateral agreements do not exist. Additions, subsidiary agreements or changes are only effective if they are made in writing. This also applies to the departure from the written form.
13thOnline dispute resolution in accordance with Art. 14 Para. 1 ODR-VO
The European Commission provides a platform for online dispute resolution, which you can find underhttp://ec.europa.eu/consumers/odr/Find.