General Terms and Conditions
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts you conclude with us as a provider through the website http://www.obstblumen.at/. Unless otherwise agreed, the inclusion of any of your own conditions used is objected to.
(2) For the purposes of the following provisions, a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering personal data as well as payment and shipping conditions, all order data is displayed again on the order summary page.
If you use the instant payment system "PayPal - Express" by clicking on the button integrated in the shop system, you will be redirected to the log-in page of PayPal. After successful login, your address and account data stored with PayPal will be displayed. Via the "continue" button, you will be redirected back to our online shop on the order summary page. Before submitting the order, you have the opportunity to review, change (also via the "back" function of the Internet browser), or cancel the purchase. By submitting the order via the "order with payment obligation" button, you submit a binding offer to us.
(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via email. Therefore, you must ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured, and, in particular, is not prevented by SPAM filters.
§ 3 Custom-designed Goods
(1) You provide us with the necessary suitable information, texts, or files for the custom design of the goods via the online ordering system or immediately after concluding the contract via email. Our possible specifications for file formats must be observed.
(2) You undertake not to transmit data whose content violates third-party rights (in particular copyrights, naming rights, trademark rights) or existing laws. You explicitly exempt us from all claims made by third parties in this context. This also includes the costs of the necessary legal representation.
(3) We do not check the transmitted data for content accuracy and assume no liability for errors.
(4) Insofar as we create texts, images, graphics, and designs for you as part of custom design, they are subject to copyright. Without our explicit consent, the use, reproduction, or modification of individual parts or complete contents is not permitted. Unless otherwise agreed, we grant you an unlimited right of use for the copyrighted works created for you. It is strictly prohibited for you to make the protected works or parts of them available to third parties in any way, either privately or commercially. The transfer of usage rights is subject to the condition precedent of the full payment of the agreed purchase price.
§ 4 Right of Retention, Reservation of Ownership
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Liability
(1) We are fully liable for damages resulting from injury to life, body, or health. Furthermore, we are fully liable in all cases of intent and gross negligence, if we fraudulently conceal a defect, if we have taken over the guarantee for the quality of the purchased item, and in all other cases regulated by law.
(2) The liability for defects within the scope of the statutory warranty is based on the corresponding provision in our customer information (Part II).
(3) If essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable, contract-typical damage. Essential contractual obligations are fundamental duties that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as duties that the contract imposes on us to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract and on the observance of which you can regularly rely.
(4) Liability for the violation of non-essential contractual obligations is excluded in the case of minor breaches of duty.
(5) Data communication over the Internet cannot guarantee error-free and/or continuous availability based on the current state of technology. In this respect, we are neither liable for the constant nor uninterrupted availability of the website and the services offered there.
§ 6 Choice of Law, Place of Fulfillment, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of fulfillment for all services from the business relationships existing with us and the place of jurisdiction is our seat, provided you are not a consumer but a merchant, legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if the place of residence or habitual abode is not known at the time the lawsuit is filed. The ability to call the court at another legal venue remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer Information
Identity of the Seller
PartyFruits, Karl Schwedgasse 123, 1230 Vienna
E-Mail: [email protected]
2. Information on the Formation of the Contract
The technical steps to conclude the contract, the contract conclusion itself, and the correction options are carried out according to the provisions of § 2 of our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser's print function. After receiving the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer inquiries outside the online shopping cart system, all contract data will be sent to you as part of a binding offer by email, which you can print or save electronically.
4. Codes of Conduct
4.1. We have subjected ourselves to the Buyer's Seal quality criteria of the Händlerbund Management AG, which can be viewed at the following link: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf
5. Essential Characteristics of the Goods or Service
The essential features of the goods and/or service can be found in the item description and the additional information on our website.
6. Prices and Payment Methods
6.1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective item description, are shown separately during the order process, and must be borne by you in addition unless free delivery is promised.
6.3. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective item description.
6.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective item description.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods only passes to you upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or someone else to carry out the shipment.
8. Statutory Warranty Rights
8.1. The statutory warranty rights apply.
8.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the forwarding agent of any complaints as soon as possible. If you fail to comply, this has no effect on your statutory warranty rights.
These T&Cs and customer information were created by lawyers specialized in IT law from the Händlerbund and are continuously checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. You can find more information at: http://www.haendlerbund.de/agb-service.
Last update: 01.09.2023