§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts between Elke Longin, Alte Strasse 16, A-4210 Gallneukirchen – hereinafter referred to as the Provider – and the Customer, which are concluded via the Provider’s website.
(2) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
(3) The language of the contract shall be German.
(4) The customer declares with his order that he has reached the age of 18.
(5) These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless expressly provided otherwise.
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§ 2 Right of withdrawal
(1) Right of withdrawal for consumers
Consumers have a 14-day right of withdrawal.
(2) Cancellation policy
You can revoke your contractual declaration within 14 days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform us (Elke Longin, Alte Strasse 16 , A-4210 Gallneukirchen) of your decision to withdraw from this contract by means of a clear declaration (e.g. with a postal letter or an e-mail). You can use the cancellation form attached below for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(3) Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If the customer cannot return the received service to the provider in whole or in part or only in a deteriorated condition, the customer may be required to pay compensation. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as would have been possible in a retail store, for example. In addition, the customer can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were his property and by refraining from doing anything that could impair its value. Goods that can be sent by parcel post are to be returned at the risk of the supplier. You shall bear the direct costs of returning the goods. Obligations to refund payments must be fulfilled within 14 days. The period begins for the customer with the dispatch of the revocation or the item, for a provider with their receipt.
End of the cancellation policy
(4) Exclusion of the right of withdrawal
The right of withdrawal does not apply, among other things, to contracts for the supply of goods that are made to customer specifications or clearly tailored to the personal needs of the consumer.
Cancellation form
If you wish to cancel the contract, please fill out the form and send it to us:
To
Elke Longin, Alte Strasse 16 , A-4210 Gallneukirchen
I/we () hereby revoke the contract concluded before me/us ().
Contract for the purchase of the following goods () / the provision of
following services ()
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
Ordered on () / Received on (): ____________________________
Name of consumer(s): _____________________________
Address of the consumer(s):
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
Signature of the consumer(s) (only in case of notification on paper)
Date: ______________________
() Delete as applicable
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§ 3 Conclusion of the contract
(1) Information on the website of the provider does not constitute a binding offer of contract, but a non-binding invitation to order goods and services from us.
(2) The customer can submit a binding purchase offer (order) via the online shopping cart system.
In this process, the goods intended for purchase are placed in the “shopping cart”. Using the corresponding button in the navigation bar, the customer can call up the “shopping cart” and make changes there at any time. After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
Before sending the order, the customer has the opportunity to review all information, change or cancel the purchase.
By sending the order via the button “order subject to payment”, the customer submits a binding offer to the provider.
The customer first receives an automatic e-mail about the receipt of his order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) shall be effected within 5 working days by confirmation in text form (e.g. e-mail) in which the execution of the order or delivery of the goods is confirmed to the customer (order confirmation). If the customer has not received a corresponding message within this period, he is no longer bound to his order. In this case, any services already provided will be refunded immediately.
(4) In the event of obstacles to delivery or other circumstances that would prevent the fulfillment of the contract, the Supplier shall inform the Purchaser by email
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. The customer must therefore ensure that the e-mail address he has deposited with the provider is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
(6) When ordering via our website, the contract is concluded with:
Elke Longin, Alte Strasse 16 , A-4210 Gallneukirchen
(7) The content of concluded contracts is stored in the customer’s user account and can be viewed by the customer at any time via the “My Account” menu under the item “My Purchases”.
§ 4 Copyrights to images, graphics and other templates, release from liability
(1) For all orders transferred to the Provider, the copyright and the unrestricted right of disposal of the Customer to images, graphics and other templates is assumed. Any consequences arising from a copyright infringement shall be borne solely by the customer. The customer shall indemnify the provider against any claims of third parties.
(2) The Provider excludes any liability for the erroneous delivery of image files or photos on paper, negatives or other material by e-mail or by mail.
§ 5 Individually designed goods, subject matter of the contract and quality
(1) The Customer shall provide the Supplier with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications of the provider regarding file formats must be observed.
(2) The provider does not check the transmitted data for correctness of content and therefore assumes no liability for errors.
(3) The subject matter of the contract shall be the products specified in the order by the customer and in the order and order confirmation at the final prices specified therein.
(4) If the goods productions are created on the basis of the files provided by the Customer, the reproduction may become correspondingly inaccurate or incomplete, in particular in the case of faulty/incomplete/inaccurate templates.
(5) The Provider shall only check the Customer’s templates or files for obvious errors that may lead to an exclusion of technical feasibility.
§ 6 Prices, shipping costs
(1) Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
(2) The shipping costs incurred are not included in the purchase price. They can be called up via the “Payment and Shipping” page, are shown separately in the course of the ordering process and are to be borne additionally by the customer, unless free shipping has been promised.
(3) If delivery to the Purchaser fails because the Purchaser has provided the delivery address incorrectly or incompletely, a new delivery attempt shall only be made if the Purchaser bears the direct costs of the new shipment. The costs correspond to the shipping costs agreed upon at the conclusion of the contract.
(4) The Customer shall only be entitled to set-off if the counterclaim is undisputed or has been finally determined by a court of law. The customer shall also only be entitled to withhold payment due to counterclaims arising from the same contractual relationship if there is a reasonable relationship between the anticipated costs of subsequent performance and the requested payment from the invoice. If the customer does not meet his payment obligations or if the provider becomes aware of circumstances that seriously and objectively call into question the creditworthiness of the customer, the provider is entitled to call due the entire remaining debt. In these cases, the supplier is also entitled to carry out outstanding deliveries only against advance payment or provision of security.
§ 7 Terms of payment and shipment; delivery and transfer of risk
(1) The conditions for payment and shipping can be found under the button of the same name in the navigation.
(2) Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract shall be due for payment immediately. Payment is made exclusively by cash in advance.
(3) The payment of the purchase price is made optionally – after more detailed information on the order page in the Internet store of the provider – via the following payment methods:
– Immediate bank transfer
– Credit card
– Paypal
(4) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. Delivery is made within countries of the EU. Other countries on request. Delivery is made by the logistics partner of the provider. Delivery to countries other than those listed will only be made after appropriate examination of the written customer request (delivery reservation).
The shipment of the products purchased by the customer will be made in the case of payment by bank transfer and with PayPal within 7 working days after receipt of payment, unless in connection with the ordered items is expressly indicated a shorter or longer delivery period.
In case of credit card payment, the products purchased by the Customer will be shipped within 7 working days after the conclusion of the contract, unless a shorter or longer delivery period is expressly indicated in connection with the ordered item.
(5) The risk of the goods shall pass to the carrier or customer as soon as the delivery and its contents have been handed over to the company responsible for the transport. The supplier does not take any responsibility for the damages that occur during the transport from the supplier to the customer.
The Customer shall be supported by the Provider to the best of its ability in the event of transport damage, insofar as claims are asserted against the relevant transport company or transport insurance. Any rights and claims of the customer, in particular his rights in case of defects of the goods, shall remain unaffected by the provisions of these GTC; these do not include any exclusion period for rights according to §§ 3 and 4 of the German Civil Code (BGB). Item 9 of these GTC.
The customer will check the delivered goods upon receipt. In the case of externally visible transport damage, in the event that the delivery is nevertheless accepted, the damage must be noted on the respective shipping documents already upon acceptance of the delivery and acknowledged by the delivery agent; the packaging must be retained by the customer.
§ 8 Right of Retention, Retention of Title
(1) The customer may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain the property of the supplier until full payment of the purchase price.
§ 9 Warranty
(1) The statutory provisions shall apply to the rights of the customer in the event of material defects and defects of title, unless otherwise provided in the following.
(2) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(3) The basis of the Supplier’s liability for defects is primarily the agreement reached on the quality of the goods, taking into account § 5 of these GTC. The product descriptions designated as such, which were provided to the customer prior to his order or were included in the contract in the same way as these GTC, shall be deemed to be an agreement on the quality of the goods. Warranty rights are excluded with regard to damage to the purchased items caused by improper or other actions contrary to the contract by the customer or persons attributable to his sphere of influence. This applies in particular in the event that the customer has not complied with the manufacturer’s instructions for use and application. In addition, minor deviations in the color shade and surface quality of goods that are depicted on the Internet cannot be completely ruled out. The website of the supplier shows images of the goods as true to the original as possible. Any deviations do not constitute a defect. In case of doubt, the descriptions of the deliveries and services are subject to agreements on quality and not to guarantees and warranties. In case of doubt, only express written declarations on the part of Haus der Creationen regarding the issuance of guarantees and warranties are authoritative.
(4) In the event that the Supplier replaces delivery items or parts thereof in the course of the warranty for defects, the Customer shall surrender and transfer title to the replaced items or parts to the Supplier.
(5) An additional warranty exists for the products delivered by the Supplier only if this was expressly stated in the order confirmation for the respective goods.
§ 10 Liability
(1) The Supplier shall be liable in each case without limitation for damages arising from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase, in the event of damages under the Product Liability Act and in all other cases regulated by law.
(2) Insofar as essential contractual obligations are affected, the liability of the Provider shall be limited to the foreseeable damage typical for the contract in the case of slight negligence. Material contractual obligations are material obligations that arise from the nature of the contract and the breach of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on the provider according to its content for the achievement of the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer may regularly rely.
(3) In the event of a breach of immaterial contractual obligations, liability shall be excluded in the event of slightly negligent breaches of obligations.
(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of the art. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the service offered there.
§ 11 Data protection
(1) Compliance with data protection laws for the protection of customer data is of particular importance to the Provider. Personal data is therefore only collected to the extent that this is technically necessary in the context of the use of our homepage.
(2) If the customer visits the provider’s website without registering, only non-related data required for the transmission of the accessed web pages to the customer’s computer will be logged. This includes data on the name and URL of the files accessed, the server port used, the referrer URL, the date and time of the request, the browser type and version, and the amount of data transferred, as well as the notification of successful retrieval. The logging of data is exclusively for internal system-related and statistical purposes. The data is neither assigned to specific persons nor merged with other data sources. In no case will the data be disclosed to third parties. The IP – address assigned to the customer’s computer is not stored.
(3) If the customer wishes to register, e.g. for ordering goods, the data required to establish and process a contractual relationship must be provided. These are first and last name, address, e-mail address, telephone number, date of birth, login name and, if selected as a payment method, bank details. In addition to this mandatory information, the address suffix, country, fax, mobile phone number can also be specified. The data will be disclosed exclusively to the companies that assist us in fulfilling our contractual obligations and only to the extent strictly necessary for the delivery of the shipment or according to the selected payment method for billing purposes. Beyond that, no data is passed on to third parties. By entering his files of the data and clicking the button “Continue order” the customer agrees to the permanent storage. The consent can be revoked at any time with effect for the future. The customer will be informed about his consent before entering his data as follows:
“By entering my data and clicking the button “Continue order” I agree to the permanent storage of my data. In this way, I can log in at any time in the future with my user name and password and place orders without having to enter my data again separately. I may revoke this consent at any time.”
(4) Furthermore, personal data is collected if it is provided voluntarily when filling out the contact form. For answering questions, the name and e-mail address to which the answer should be sent are required. Additional personal data can be entered voluntarily in the remaining free text fields. All personal data entered will be sent exclusively for the purpose of responding to specific inquiries and will likewise not be passed on to third parties under any circumstances. Consent to the use of the data entered can be revoked at any time for the future. About his consent before filling out the contact form is indicated as follows:
“You can revoke the consent for the use of the data entered to respond to their requests at any time.”
(5) The customer may at any time request information about the data stored about him as well as its correction or deletion. As soon as a deletion is opposed by legal or contractual retention periods, the deletion is replaced by a blocking of the data.
(6) The customer may at any time, free of charge and without stating reasons, revoke any consent given and send any requests for information, correction or deletion in writing by post to Elke Longin, Alte Strasse 16, A-4210 Gallneukirchen.
(7) The website of the Provider uses so-called cookies. A cookie is a text file that is stored on the customer’s computer. They cannot run programs or bring viruses to the client’s computer. The information contained in cookies enables special user-friendliness and facilitates the customer’s navigation on our website. Furthermore, they are necessary for the realization of the shopping cart functions of the online store. Of course, it is also possible to view our pages without cookies. For this, the customer must select his browser setting accordingly so that cookies are rejected. When visiting our website, you may then experience functional restrictions. The cookies are deleted immediately after the end of the visit to our websites.
§ 12 Choice of Law, Place of Performance, Place of Jurisdiction
(1) Austrian law shall apply. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (favorability principle).
(2) The place of performance for all services arising from the business relations with the Provider and the place of jurisdiction shall be the registered office of the Provider, provided that the Customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if the customer does not have a general place of jurisdiction in Austria or the EU or if the customer’s place of residence or habitual abode is unknown at the time the action is brought. This shall not affect the right to bring an action before the court at another statutory place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.