Terms and Conditions (GTC)
Valid from: 04/2019
1. Scope of the GTC
1.1 These General Terms and Conditions (GTC) regulate the reciprocal rights and obligations between us as the seller and you as the buyer and apply to all purchase contracts relating to 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.
1.2 The operator of this online shop and seller of the products and goods shown is Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg. With this, a possible contractual relationship comes about.
1.3 By submitting an order, you as the buyer expressly agree to the application of these GTC to your order. Verbal agreements are not valid. All agreements, ancillary agreements or assurances must be recorded in writing or expressly confirmed in writing by Christian Nestlehner.
2. conclusion of contract
2.1 The products and goods presented in our online shop merely represent an invitation to you to submit a binding offer to us by submitting an order.
2.2 Orders can be placed by filling out and sending the online form in the online shop as well as by e-mail or post.
2.3 By clicking the "Order with obligation to pay" button in the web shop, 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 conditions. Your offer will take effect as soon as we have received the order. You are bound by your offer to us for a period of 14 days from receipt of your order. We assume no obligation to accept your offer.
2.4 After receipt of your order, you will receive an automated confirmation of receipt, which does not yet represent acceptance of your order.
2.5 The purchase contract is only concluded when we send you an order confirmation to the e-mail address you provided. If you do not receive this order confirmation - for example because you have not provided a (valid) e-mail address - the contract comes into effect when your order is executed - i.e. when the ordered goods are handed over to the carrier.
2.6 In the event that we cannot accept your offer, for example because an item is not available, we will contact you immediately and inform you of this fact.
3. delivery and risk
3.1 All information about availability, delivery time or delivery in the online shop are only non-binding guide values. Under no circumstances do such information represent binding or guaranteed delivery dates. Fixed dates must be expressly agreed with us in writing.
3.2 Delivery will be made as quickly as possible. Provided you pay by PayPal® 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 GTC, otherwise (payment in advance) at the latest within 14 days of the crediting of the final invoice amount (purchase price including additional costs, which are listed in point 4 of these GTC). ) on our bank account. Deliveries are made exclusively to addresses in Austria, Germany and Switzerland that can be delivered to.
3.3 When ordering several products and goods, the entire order will only be sent in one shipment after all products and goods are available. Irrespective of this, partial deliveries are also permitted unless you are clearly not interested in them or they are clearly not reasonable for you. In the case of partial deliveries, the shipping costs are charged only once.
3.4 The delivery of the products and goods for which the purchase contract has been concluded takes place on workdays 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.
3.5 In 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 further damage is limited in accordance with point 9.
3.6 The delivery of the products and goods for which the purchase contract has been concluded will be made by a delivery service that we select to the best of our ability. With your order, you expressly agree to the delivery by this carrier.
3.7 You bear the risk of accidental deterioration or accidental loss of the goods you have ordered from the moment the goods you have ordered are handed over to you or to a third party named by you who is not the carrier.
4. prices and shipping costs
All prices are final prices in euros (EUR or €) and include the applicable statutory sales tax. The prices quoted do not include the 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 ordering 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
5.1 The purchase price including the ancillary costs is due for payment immediately after the conclusion of the purchase contract.
5.2 You have the option of paying for your ordered goods using PayPal® or by prepayment, credit card such as VISA, Mastercard and AMEX, AmazonPay, ApplePay, Googlepay, with SOFORT transfer and many other payment options from Shopify Payments.
5.3 Regardless of which payment method you choose, deductions - such as fees incurred as a result of settlement by international banks - will not be accepted. You are liable for the fact that the final invoice amount to be paid is completely, irrevocably and freely available to us.
5.4 Our products and goods are delivered under retention of title and remain the property of Mario Christian Nestlehner, Franz-Hinterholzer-Kai 22, 5020 Salzburg until full, irrevocable payment has been made. Prior to the transfer of ownership, resale, pledging, transfer by way of security or other disposal is not permitted without our express written consent.
6. Right of cancellation, cancellation period, consequences of cancellation and exclusion of the right of cancellation for consumers within the meaning of Section 1 of the Consumer Protection Act
6.1 If you have concluded the purchase contract as a consumer within the meaning of Section 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: firstname.lastname@example.org) and to revoke it. The 14-day withdrawal period begins on the day on which the customer or a third party named by the customer who is not the carrier has gained possession of the goods (delivery of the goods to the customer or a third party named by the customer who is not the carrier). the carrier is). If we make partial deliveries, the withdrawal period only 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 delivered goods or the last partial shipment or the last piece.
6.2 In order to exercise your right of withdrawal (right of withdrawal), you must send us (bambam - Mario Christian Nestlehner), Franz-Hinterholzer-Kai 22, 5020 Salzburg, email: email@example.com) a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from the purchase contract with us and to revoke it. You can use the attached model cancellation form, which we have also provided and which can be downloaded as a PDF document, athttps://bambambarware.com/policies/refund-policyuse, but is not mandatory. You can also use the model cancellation form or any other clear statement on our website https://bambambarware.com/policies/refund-policycomplete and submit electronically. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to comply with the 14-day cancellation period, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
6.3 Exclusion 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 clearly tailored to your personal needs; Goods that can spoil quickly or whose use-by date would quickly expire; Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal was 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 at the time of the conclusion of the contract, but which cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which we have no control.
6.4 If you withdraw from the sales contract you have concluded with us or from your contractual declaration (order) in accordance with point 6.1, we will owe you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you other type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal (cancellation) of this contract or of the contractual declaration (order). is. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
Important:If you have expressly opted for a different type of delivery than the cheapest standard delivery offered by us, you are not entitled to reimbursement of the additional costs incurred.
6.5 You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the withdrawal (cancellation) of the purchase contract concluded with us. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7. transport damage
7.1 If goods are delivered to you with obvious damage to the packaging, you are obliged to complain to the carrier immediately and to inform us.
7.2 Your claims to the statutory warranty remain unaffected by the fulfillment of these obligations.
8.1 The contractually owed quality of the products and goods, with regard to which the purchase 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 image may deviate slightly from the actual color and such minor deviations do not constitute a defect.
8.2 If 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, therefore guarantees you by law that the products and goods sold at the time of the transfer of risk, i.e. according to point 3.7 of these GTC at the time of the handover of the Goods to you as the buyer or to a third party nominated by you who is not the carrier, are free from defects of any kind and conform to the contract. The warranty period is 2 years from the transfer of risk.
8.3 Deviating 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 time of the transfer of risk 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, with precise information and description of the alleged defects including photos, at the latest within 3 days of receipt (obligation to test and notify). If this obligation is not met or not met in a timely manner, there is no entitlement to a warranty, compensation for damages due to the defect itself or rescission of the contract due to an error in the fact that the item is free of defects.
After the defect has been reported in writing and the complaint has been received, we will check that it is justified. If the defect complained about is to be recognized on the merits, you will be informed of this and at the same time you will be told whether the defect will be remedied by replacement or improvement, at our option. In the event of timely notifications of defects, you may only withhold payments to an extent that corresponds to the extent or the relationship to the defects that have occurred or are alleged.
8.4 In any case, there is no warranty for consumers or entrepreneurs for damage that is due to wear and tear, unauthorized changes, the influence 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 warranty is excluded.
9. Disclaimer or Limitation of Liability
9.1 A contractual or non-contractual liability only exists if we or one of our vicarious agents is responsible for 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 such damage that represents lost profit, indirect damage or consequential damage or is caused by a 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 injury; 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 cause.
9.2 Liability for breaches of our contractual obligations that are due to events of force majeure or other circumstances beyond our control (e.g. strikes) is excluded.
9.3 Insofar as liability is excluded or limited, this also applies to the liability of our employees and vicarious agents.
9.4 Liability towards consumers under the Product Liability Act remains unaffected by the aforementioned limitations of liability.
10. prohibition on offsetting
10.1 You are not entitled to offset 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 recognized by us.
11. Applicable law, place of jurisdiction and place of performance
11.1 These GTC and all purchase contracts concluded in accordance with these terms and conditions are exclusively subject to Austrian substantive law to the exclusion of the UN Sales Convention (CISG).
11.2 For all disputes arising from or in connection with these General Terms and Conditions and the purchase contracts concluded in accordance with these General Terms and Conditions, the court with subject matter jurisdiction for the city of Salzburg is agreed as the sole place of jurisdiction. We reserve the right to bring an action before the court responsible for your home town. Otherwise, Section 14 of the Consumer Protection Act (KSchG) applies to consumers.
11.3 The place of performance for all orders is the company headquarters in A-5020 Salzburg.
12. Other Provisions
12.1 Should a provision in these General Terms and Conditions or the purchase contracts concluded in accordance with these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions shall remain unaffected.
12.2 Verbal collateral agreements do not exist. Additions, ancillary agreements or changes are only effective if they are made in writing. This also applies to deviating from the written form.
13. Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO
The European Commission provides a platform for online dispute resolution (OS), which you can find athttp://ec.europa.eu/consumers/odr/Find.